This chapter contains sections titled: Hunter, Herder, Farmer Losing Our Balance Animal Farm Creating and Destroying How Now Meat is not Green.

One of the issues with introducing animal rights law is whether the problem is quantitative or qualitative, whether it can be achieved by working within existing legal paradigms or whether it requires a new set of paradigms. The answer is fundamental: a quantitative problem can be solved by applying more of the same solutions, while a qualitative problem requires completely different solutions. The qualitative camp can be represented by, say, Professor Gary Francione, demanding not only rights for animals (...) but that they have personhood and are no longer considered “property.” The quantitative approach can be finely represented by Professor David Favre, who has argued for many years that we can make progress by developing existing legal principles to give some rights to some animals, and he does so eloquently in his new book. He is clear in his view that progress is, and can continue to be, made with a series of steps, as he puts it, “climbing the slippery slope toward personhood” (p. viii).His case is supported by looking backward—progress made in establishing the rules governing humans in their relationships with animals—as well as forward to developments that will support continuing improvement in the lives of animals, not least the potential for technology (for example, through cell- and plant-based meat). At the same time, he also rightly rejects the concepts of animal welfare and animal rights being at odds, let alone either of them being a panacea for better lives for animals.One aspect of animal law that Favre believes does need to change is that of property status. As he says, the status of animals as personal property is “critical to the future of animal law” (p. 25). In general, the solutions have been largely binary—that animals simply cannot be property for them to have meaningful rights or that animals can be property and still have rights. The former makes intuitive good sense (and is consistent with the objectives of the human abolitionist movements) but would have enormous effects on economic activity throughout the world. The latter is appealing because it does not change the current paradigm, so can be developed more easily.Favre's premise is that we are moving toward rights for animals, so we need to find a way of integrating animals into the current legal system rather than having to destroy and reconstruct the legal system. His ingenious solution is to propose a fourth category of property, alongside real, personal, and intellectual property: “living property.”Within this category, he envisages using the common law concept of the trust to provide equitable “self-ownership,” where an animal has equitable “ownership” while a human retains legal “ownership.” He then connects this concept to adaptations in other aspects of law that start to recognize the selfhood of animals, creating a platform onto which broader and deeper rights for animals can develop, such as the status of “animalhood” (p. 72) and the corresponding legal right of consideration before decisions are made by the state affecting an animal's fundamental interests (such as continuing to be alive). By putting animals in a separate class—rather than uncomfortably leaving them in personal property—he creates a possible route for animal rights that seems less paradigm-busting than removing them from being property altogether.Drawing on evidence from criminal law, tort law, equity (trusts), property law, and family law, he shows how in many places—with a focus on states in the United States—existing laws are being adapted (“green shoots” p. 81) to recognize that animals are more than personal property, in ways that cannot be explained simply through the growth of regulations. For example, family law is starting to recognize that in the division of matrimonial assets, companion animals cannot be treated simply like any other personal property such as a table or a car based on who paid for them. Because animals are “living property,” the courts should take account of other aspects, such as who cared for the animals and who looked after them. Similarly, the concept of extending trust law so that an animal can be the beneficiary of a trust—in the same way as a human can be but inanimate personal property cannot—shows that the law can understand that companion animals can play a large emotional role in our lives (as well as we in theirs), such that we want to ensure proper care for them after we die.The book raises important issues. First, it is intentionally about domestic animals, with their close links with humans, so the potential for laws to engage is much easier than with, say, farmed animals. The danger with solutions that focus on domestic or charismatic animals (e.g., dogs, chimpanzees, elephants) is that the arguments may be pertinent essentially only to those species and therefore hard to apply to animals of less charismatic species, say in a factory farm (but who are present in much greater numbers and generally badly treated in comparison). He “leaves for another day” (p. 32) the discussion about other animals. Hopefully that day will come, as it would be interesting to see how Favre could extend his concept to animals for whom the public has less affection and less appreciation of their capacities (and for whom the prospect of death is much more real and imminent).Secondly, public support for these ideas about living property may simply not be present. If there is not a sufficient groundswell of support for changing the status of animals, then whether one proposes changing it to not-property or “self-owned” property doesn't matter (if someone doesn't like needles, it doesn't matter whether the needle you propose to use is big or small). This may be too pessimistic, of course (people can be helped to overcome a fear of needles, and one way to start is with small needles). Perhaps the law should start with small changes to recognize at least a few animals—their sentience, their capacities for pleasure and pain, their emotions and preferences, their potential for autonomy—and build public support from there.There is also the underlying and more radical point about whether these ideas—the trust for a beloved companion set up by the human, the divorce settlement that doesn't just give the companion to the party who paid for them—are actually bringing about changes for animals as such or are simply adapting laws to help humans, recognizing human needs, and do not actually change the status of animals. The ends are still humans, and the means are still animals.This is not intended to paint a bleak picture: The more bluntand uncompromising part of the animal rights movement that has been focused on the qualitative problem has hardly been successful at getting animal rights laws passed anywhere in the world, so everything that moves us closer to a better, richer, more thoughtful view of animals will help. Favre's approach has ingenuity, shows good sense, and has the potential to bring about real animal rights. The themes and cases in this book that show how courts and legislatures are becoming more aware of the sentience of at least some animals, as well as proposing a middle path in the debate about animals as property, are important in the journey toward recognition of animal rights. Even more important, they may actually work. (shrink)

This paper will ask whether the legal status presently afforded to nonhuman animals ought to influence regulatory debates concerning human cerebral organoids. The New York Courts recently refused to grant a writ of habeas corpus to Happy the Elephant as she was property rather than a legal person while at the same time accepting that she is a moral patient deserving of rights protection. An undesirable situation has therefore arisen in which the law holds a being with (...) moral status to be incapable of benefitting from legal redress due to their legal status as property.The author argues that this is something that we ought to avoid when designing the regulatory framework which will govern the use of human cerebral organoids. Yet, a difference exists in that, whereas the judges already accept Happy is a moral patient, there is presently no consensus around the moral status of organoids. This paper will consider whether human cerebral organoids have passed the moral threshold of sentience. If they have, or are close to doing so, regulators ought to consider their legal status in advance so as to ensure that adequate limitations are placed on this usage so as to avoid unethical practices. (shrink)

_ Source: _Page Count 26 Is freedom a plausible political value for animals? If so, does this imply that animals are owed legal personhood rights or can animals be free but remain human property? Drawing on different conceptions of freedom, I will argue that while positive freedom, libertarian self-ownership, and republican freedom are not plausible political values for animals, liberal ‘option-freedom’ is. However, because such option-freedom is in principle compatible with different legal statuses, animal (...) freedom does not conceptually imply a right to legal self-ownership. Nonetheless, a concern for animal option-freedom means that humans do have a _pro tanto_ duty of non-interference. Arguments familiar from the liberal tradition moreover imply that such a duty speaks for drastic reforms of existing animal law. But it does not imply wholesale abolitionism: it neither rules out positive duties towards animals nor means that we should abandon all interactions with animals. (shrink)

Place mouse over image continent. 2.1 (2012): 36–39. From an ethical and political perspective, people and property can hardly be separated. Indeed, the modern political subject – that is, the individual, the person, the self, the autonomous actor, the rational self-interest maximizer, etc. – has taken shape in and through the elaboration, institutionalization, and enactment of that which rightfully belongs to it. This thread can be traced back perhaps most directly to Locke’s notion that the origin of the (...) political state occurs when people rise above the state of nature by ceding the power to prosecute offenses. The rule of law begins then with a defense of the right to property. People become subjects by adhering to the social contract, which they do by deferring the defense of their own property to the state. In this light, the response of the United States federal government to the financial crisis of 2008 appears to many as a breach of the social contract. The chant “banks got bailed out, we got sold out” states the claim plainly. Why exactly did some subjects (e.g., the banks) have their property defended by the state (i.e., through the variety of programs including TARP, the discount window at the US Federal Reserve, etc.), when other subjects (e.g., homeowners) found themselves without protection of their property rights, forced to default on mortgage debts and face dispossession? Even if the rhetoric about “too big to fail” can be believed, and the collapse of the financial system would lead to negative consequences for people who had little or no connection to the activities that brought it about, such consequences need not call into question the notion that everyone stands equally before the law. To occupy, then, appears as a form of civil disobedience, an intentional, retaliatory breach of the social contract by those who feel that they have lost the support of the state to which they ceded their power as sovereign agents. The visible and the invisible The violation of property rights of people who have recognition, protection and power under the law destabilizes their very status as citizens and tests the limit of democracy. Does the financial system force the dematerialized victimization of individuals? Do people become numbers, or worse still, percentages of unemployed, tranches of defaulted mortgages and foreclosures? Are they perhaps instead disenfranchised prospectively from the privileged position occupied by virtual entities and actors such as those involved in the derivatives markets, always already exiled back into the physical, visible realm? The line of conflict appears to be drawn between invisibility/absence/deferral and visibility/presence/realization. The demonstrators occupy an excess property of those subjects, namely, the banks and financial elite, who did receive recognition and protection under the law. By domesticating this excess property, rendering its invisibility visible within the political economy, the protesters raise a new form of threat to the hegemonic order. To occupy, then, involves a rejection of the order under which the “99%” have been subjected to erasure. The occupation seeks creatively to establish a new means of communication and law for its subjects. In the face of an existing power structure that is increasingly disenfranchising the majority of people while consolidating nodes of power and influence, the “occupation”, or the work of the Occupy movement, involves seizing a space that refuses the rules of the existing, allegedly corrupt sovereign state. This refusal of governance extends even to include a steadfast refusal to articulate a strategy, to formulate a list of demands, to converse with the sovereign power on the grounds of its own conventions, to put forth a leader, to resolve the ambiguity of the movement into a discreet identity, face, or voice. Do these tactics provide a resolution to the problem that was its genesis? Not in such a direct and easily resolved manner, but it remains difficult to imagine a direct and simple resolution to the problematic of the breach of the social contract. The ambiguity of the situation has generated significant interest within the broader populace, though many people sympathetic to the cause appear to be frustrated because the movement has not simply put forward a short list of concrete demands, or even a set of leaders and spokespeople, much less a resolution. And yet, this lack of coherence appears as a resolution of a problem generic to protest movements in the past, where individual leaders can be removed or discredited, and lists of demands can be co-opted by others holding more political power. Meanwhile, the ambiguity has compelled imitations on a global scale, with the Occupy Wall Street participants consciously taking actions that can be replicated by anyone anywhere without significant cost. These actions have taken place not in a peripheral location such as a parking lot in New Jersey, but instead close to the centers of power and governance, adjacent to Wall Street, close to the White House, on college campuses, etc. This spontaneous archipelago of protests becomes an irritant, a negation of the accepted order of protests, but when the protesters themselves move outside of their encampments, they are escorted by the police, constantly monitored and maintained so that a permanent state of paranoid persecution takes hold. To occupy, occupying, occupation – these actions involve a variable degree of danger – are you willing to step into a different space, where the rule of law is unclear and evolving? Are you presenting yourself as a representative of the majority, the 99%? Who has a sense of belonging to the 99%? This previously invisible population becomes a focal point of political power, garners increasing public support, infects the public dialogue. The government recognizes this population by forcing it from the occupied space, removing the element of possession of property. It is at this point of conflict, in the struggle to hold the physical property, where the greatest friction and violence occurs. Scaling the rule of law While occupied, the property calls for a redress of grievances, a restoration of the rule of law. The Occupy movement does not select and put forward individuals or leaders, it puts forward places – the occupied property represents the point of conflict, not the individual. And it is this very property that the government then tries to reclaim. The movement remains faceless, anonymous, uncounted, or rather counted only as a mass, the self-labeled mass of 99%. These spaces are like refugee camps or favelas, but constructed to unite the political life and private life of the protesters. This objective is presented as a tactical necessity, as all other means of protest and communication have failed, leaving only the option of seizing, holding, occupying a property. But to what end, exactly? Can anyone deliberately return to the prior social contract, embrace, affirm, and govern in strict accordance with the earlier relationship to property, following the logic of Locke’s arguments? In this respect, the contemporary crisis indicates a new, transitional phase in the way that property operates, or rather, in the balance between real and virtual value. The roots of the crisis lay in the massive overvaluation of property caused by lax lending practices, as more people were encouraged to borrow more money, which drove up the prices of property. At the same time, these individual properties, these mortgages for homes actual families lived in and worked to support, were bundled into securities that could be bought, sold, and speculated on. The reduction of a physical house or piece of real estate to an almost incalculably small element in an investment vehicle appears as a scaling of the hedge that radically diminishes the value of any individually owned property. Moreover, a number of recently-innovated financial products allow investors to hedge in new ways, to deliberately spread risk around a portfolio in hopes of bringing returns even when the individual mortgage defaults. At the level of the ‘free’ market, these virtual negative valuations are designed to balance the physical positive valuation, though many of the biggest lenders are now being investigated for controlling both sides of this valuation, the positive and the negative, to facilitate both the creation and failure of the investments and to profit from both. The ability to benefit from both the negative and positive value of an investment is a result of a technologically enabled capacity to operate within a complex field. These layered and scaled investment vehicles and the simultaneous negation of their value together represent a commingling of the virtual and physical existence that is both complex and multiple. The valuation of a virtual property has tremendous power to change the valuation of the physical - either injecting it with or depriving it of funds, pumping in or draining life and energy. This situation has roots of its own – the notion of property advanced e.g., throughout the enclosure movement in Britain was, from the outset, an imposition of virtuality (i.e., the concept of law, the institutions associated with ownership, etc.) on the physical reality of land. 1 The difference today is that technological trading platforms combined with innovations within the financial services industry have enabled the reduction of each individual property receiving or losing value in scale to an almost atomic level. In turn, the number of properties held simultaneously and valued as a massive, multiple wholes – i.e., the derivatives market in mortgage-backed securities – is a new phenomenon made possible through the application of similar technologies and institutional structures. And those actors who can trade in these layers of complexity can then profit from the new phase of disassociation of the virtual and the physical – unconcerned with and operating at such a virtual distance from the individual residing physically on a particular piece of real estate that they no longer feel the tug of the physical tying them back to the physical, operating literally as in a video game, in a virtually distanced world. What can or should be done about this situation? Answers lie outside the scope of this current essay, but merit consideration in the near future… NOTE 1) Hernando de Soto has emphasized this dimension by empirically demonstrating its non-existence in many countries in The Mystery of Capital. (shrink)

The discussion on symbolic legislation unveils intriguing relationships between law and politics. However, the abundance of observations often results in conceptual chaos and raises numerous problematic questions. These inquiries revolve around the scope of the concept of symbolic legislation (is it a marginal or universal phenomenon in the legal system?), as well as the circumstances determining whether a provision or legal act is classified as symbolic legislation. Of particular interest is the question of whether a provision or legal act can (...) “become symbolic” over time. The research goal of this study is to analyse the process of “becoming symbolic” and derive conclusions that deepen the understanding of the phenomenon of symbolic legislation. This study organises the current discussion on symbolic legislation, focusing on a case study of the structure of the crime of animal abuse in the Polish Animal Protection Act. The author illustrates how certain elements of this provision “became symbolic,” demonstrating that this process is largely independent of the motives of the legislators. In conclusion, the author emphasises the importance of consistently separating the sphere of motives from the sphere of effects in the discussion on symbolic legislation. Furthermore, the author highlights the static nature of the former and the dynamic nature of the latter. (shrink)

In this article I discuss the thesis put forward by David Gunkel and Mark Coeckelbergh in their essay Facing Animals:A Relational, Other-Oriented Approach to Moral Standing. The authors believe that the question about the status of animals needs to be reconsidered. In their opinion, traditional attempts to justify the practice of ascribing rights to animals have been based on the search for what is common to animals and people. This popular conviction rests on the intuition (...) according to which we tend to treat better those beings that are closer to us and resemble man in one way or the other. The attempts to ascribe a special status to animals are therefore based on the question “What properties does the animal have?”. However, the question is not well formulated because it leads to a number of ontological and epistemological problems. The question should rather be “What are the conditions under which an entity becomes a moral subject?”. Whilst fully subscribing to the suggestion, I cannot agree to the way the question is understood by both authors. I will demonstrate that the question opens up a transcendental dimension of reflections and may provide a clear justification of the need to engage in animal ethics. To do so, I will separate the easy and hard problems of animal ethics and use a different approach from the one suggested by Gunkel and Coeckelbergh to demonstrate how the need to pursue animal ethics may be justified. (shrink)

In order to protect nonhuman animals effectively, animal law must overcome many hurdles, be it the balance of human and nonhuman interests, the use paradigm, or narrow definitions of legal personhood or basic rights. A fact often overlooked in this uphill struggle is that the laws of most states recognize that animals must be protected because and to the extent that they are sentient. The legal recognition of animal sentience seems to nullify all and any attempts (...) to deny them legal protection simply because they are not sufficiently appealing, emotionally close, or economically useful to us. However, the legal recognition of animal sentience does not overcome all our cognitive prejudices about animals. Using a comparative law method and insights from moral philosophy, this article analyzes the nature and scope of the legal recognition of animal sentience. It identifies its advantages in challenging arbitrariness and inconsistency and championing intrinsic animal protection and points to the most pressing shortcomings, including some states’ refusal to commit themselves to animal sentience and remaining prejudices in society and science. In concluding, the article offers ways to address and remedy these shortcomings and points to ways in which the concept can be used more effectively by academics and practitioners. (shrink)

ExtractThe idea that all the entities in the world may be, for legal and moral purposes, divided into the two categories of ‘persons’ and ‘things’ comes down to us from the tradition of Roman law. In the law, a ‘person’ is essentially the subject of rights and obligations, while a thing may be owned as property. In ethics, a person is an object of respect, to be valued for her own sake, and never to be used as a (...) mere means to an end, while a thing has only a derivative value, and may be used as a means to some person's ends. This bifurcation is unfortunate because it seems to leave us with no alternative but to categorize everything as either a person or a thing. Yet some of the entities that give rise to the most vexing ethical problems are exactly the ones that do not seem to fit comfortably into either category. For various, different, kinds of reasons, it seems inappropriate to categorize a fetus, a non-human animal, the environment, or an object of great beauty, as a person, but neither does it seem right to say of such things that they are to be valued only as means.Send article to KindleTo send this article to your Kindle, first ensure [email protected] is added to your Approved Personal Document E-mail List under your Personal Document Settings on the Manage Your Content and Devices page of your Amazon account. Then enter the ‘name’ part of your Kindle email address below. Find out more about sending to your Kindle. Find out more about sending to your Kindle. Note you can select to send to either the @free.kindle.com or @kindle.com variations. ‘@free.kindle.com’ emails are free but can only be sent to your device when it is connected to wi-fi. ‘@kindle.com’ emails can be delivered even when you are not connected to wi-fi, but note that service fees apply. Find out more about the Kindle Personal Document Service.PERSONHOOD, ANIMALS, AND THE LAWVolume 12, Issue 34Christine M. KorsgaardDOI: https://doi.org/10.1017/S1477175613000018Your Kindle email address Please provide your Kindle [email protected]@kindle.com Available formats PDF Please select a format to send. By using this service, you agree that you will only keep articles for personal use, and will not openly distribute them via Dropbox, Google Drive or other file sharing services. Please confirm that you accept the terms of use. Cancel Send ×Send article to Dropbox To send this article to your Dropbox account, please select one or more formats and confirm that you agree to abide by our usage policies. If this is the first time you use this feature, you will be asked to authorise Cambridge Core to connect with your account. Find out more about sending content to Dropbox. PERSONHOOD, ANIMALS, AND THE LAWVolume 12, Issue 34Christine M. KorsgaardDOI: https://doi.org/10.1017/S1477175613000018Available formats PDF Please select a format to send. By using this service, you agree that you will only keep articles for personal use, and will not openly distribute them via Dropbox, Google Drive or other file sharing services. Please confirm that you accept the terms of use. Cancel Send ×Send article to Google Drive To send this article to your Google Drive account, please select one or more formats and confirm that you agree to abide by our usage policies. If this is the first time you use this feature, you will be asked to authorise Cambridge Core to connect with your account. Find out more about sending content to Google Drive. PERSONHOOD, ANIMALS, AND THE LAWVolume 12, Issue 34Christine M. KorsgaardDOI: https://doi.org/10.1017/S1477175613000018Available formats PDF Please select a format to send. By using this service, you agree that you will only keep articles for personal use, and will not openly distribute them via Dropbox, Google Drive or other file sharing services. Please confirm that you accept the terms of use. Cancel Send ×Export citation. (shrink)

It matters a great deal whether animals have moral status. If animals have moral status, it may be wrong for us to use them as we currently do – hunting, farming, eating, and experimenting on them. The argument from marginal cases provides us with a reason to think that some animals have moral status that is equal to that of “marginal” humans.

In lieu of an abstract, here is a brief excerpt of the content:Hume Studies Volume XXIV, Number 1, April 1998, pp. 53-70 Hume on Justice to Animals, Indians and Women ARTHUR KUFLIK I. The Circumstances of Humean Justice For Hume, the virtue of justice is its "usefulness" to the support of society.1 To help prove this point, he guides us through a series of imaginative thought-experiments. Suppose that resources were infinitely available or that human beings were generous and kind (...) without limit: in such unusual circumstances, nobody would have even "dreamed of" the various property restrictions associated with justice. If the supposition seems too fanciful, the same point can be illustrated, at least to some extent, by special real-life circumstances as well: e.g., by the way that air or water or land go unregulated in those places where they are super-abundant or the way in which the line between what is "mine" and "thine" blurs in loving families or between intimate friends. Moving to the opposite extreme: suppose that resources were so scarce as to render it impossible for most people (regardless of their cooperative exertions) even to subsist. Or suppose that people were not merely limited in their benevolent concern but "perfectly malicious"! Once again, there would be little or no point to the observance of rules of justice. On Hume's account, such rules define a scheme of social cooperation. But by hypothesis, extreme scarcity makes even well-meaning cooperative effort unproductive. Extreme villainy makes it pointlessly dangerous. Indeed, in a world wholly villainous, just cooperative schemes would be altogether impossible. Arthur Kuflik is at the Department of Philosophy, The University of Vermont, 70 South Williams Street, Burlington, Vermont 05401-3404 USA. email: [email protected] 54 Arthur Kuflik What can we conclude? There is a range of circumstances within which schemes of justice make sense: (1) moderate scarcity (resources are adequate to sustain people, but not so extensive that everyone could have as much as might be desired); and (2) limited benevolence (people are neither saintly nor satanic; though clearly concerned about themselves, they are not incapable of caring about what happens to others). John Rawls has dubbed these conditions "the Humean circumstances of justice."2 Hume wants us to notice that they are the very conditions under which justice is both practically possible and socially necessary. Fortunately, they are also the conditions that most commonly prevail. ("The common situation of society is a medium amidst all these extremes" [EPM 188].) II. A More Puzzling Thought-experiment Suppose we grant that the foundation of justice is its usefulness to society. This raises a certain worry: aren't there groups whose members ought to be treated justly even though "society" could flourish just as well if they weren't? (Another way to put the point is to ask: just who are the members of "society"?) This very issue underlies one more puzzling, and even disturbing, Humean thought-experiment: Were there a species of creatures intermingled with men, which, though rational, were possessed of such inferior strength, both of body and mind, that they were incapable of all resistance, and could never, upon the highest provocation, make us feel the effects of their resentment; the necessary consequence, I think, is that we should be bound by the laws of humanity to give gentle usage to these creatures, but should not, properly speaking, lie under any restraint of justice with regard to them, nor could they possess any right or property, exclusive of such arbitrary lords. Our intercourse with them could not be called society, which supposes a degree of equality; but absolute command on one side, and servile obedience on the other.... And as no inconvenience ever results from the exercise of a power, so firmly established in nature, the restraints of justice and property, being totally useless, would never have place in so unequal a confederacy. (EPM 190-191) What can we learn from this thought-experiment? What insight into justice do we gain by imagining a "species of creatures intermingled" among us who, though endowed with some ability to think and to reason, are: (i) greatly inferior to us both physically and mentally; (ii) "incapable of all resistance" to our provocations; and... (shrink)

Switzerland is internationally known for its progressive animal laws and for its innovative tools in law enforcement. In 1992, the Canton of Zurich introduced a public lawyer vested with the task of representing animals’ interests in criminal procedure, known as the Animal Protection Lawyer. The APL had the power to access information about court proceedings, study pending court cases, and intervene on behalf of victim animals. This enforcement tool set a precedent across the world. It amounted (...) to a recognition of animals as de facto victims and created an “equality of arms” for human and animal parties in criminal procedure. In a historic move in 2014, the Zurich parliament removed the APL from office—by mistake, as some maintain. Meanwhile—unnoticed by many—the Canton of Berne maintained a state agency vested with the very same powers as those the APL had, called the Dachverband Berner Tierschutzorganisationen. Though the DBT operated as an established agency for over 2 decades, in August 2017, a criminal court in Berne denied the DBT standing, arguing that the laws conferring on it the right to represent animals violate the federal law on criminal procedure. In July 2018, the Supreme Court delivered its judgment, and effectively stripped the DBT of its rights to represent animals in criminal proceedings. This article describes these recent shifts in criminal animal law in detail and analyzes the sociopolitical factors that gave rise to them. Special attention is paid to the question of what is left for Switzerland as a role model in animal law given ongoing deregulations, particularly as recent cases in the United States point to an incremental emancipation of animals as victims. The article discusses current alternatives to the APL and the DBT and puts their promises under scrutiny. The analysis reveals that these alternatives skirt the main obstacles faced by animals in criminal procedure and threaten the democratic will of the Swiss people. Two alternatives are discussed that can help Switzerland overcome its insufficiencies: the organizational right to appeal and victim rights for animals in criminal procedure. Using these alternatives, the article calls for the global emancipation of animals as the proper victims of crimes and for furnishing them with correlating rights to enforcement, including rights to representation. (shrink)

This book brings together leading scholars and practitioners from the United States, Europe, and Asia. The contributors come from different disciplines, including medicine, criminology, sociology, psychology, forensic sciences, and law. As a group, they have the background to discuss and conduct research in the area and to propose and critique theories and typologies of animal cruelty. In addition, they have the expertise to evaluate policy issues and to recommend best practices for protecting animals and intervening (...) with those who abuse or neglect them. (shrink)

In his essay “The Integration of the Ethic of the Respectful Use of Animals into the Law”, David Favre begins to articulate a new framework for understanding the legal status of nonhuman animals. The present essay supports the broad contours of Favre’s framework, but raises challenges for some of the framework’s elements. The first half questions Favre’s claim that possession of DNA and the capacity for life underlie the need for a more robust conception of animal (...) legal standing. The second half questions Favre’s prior proposal that animals be deemed persons under law and questions his pragmatic suggestion that judges and scholars refrain from specific speculations about the moral status of animals. (shrink)

Within the field of medical ethics, discussions related to public health have mainly concentrated on issues that are closely tied to research and practice involving technologies and professional services, including vaccination, screening, and insurance coverage. Broader determinants of population health have received less attention, although this situation is rapidly changing. Against this backdrop, our specific contribution to the literature on ethics and law vis-à-vis promoting population health is to open up the ubiquitous presence of pets within cities and towns for (...) further discussion. An expanding body of research suggests that pet animals are deeply relevant to people’s health (negatively and positively). Pet bylaws adopted by town and city councils have largely escaped notice, yet they are meaningful to consider in relation to everyday practices, social norms, and cultural values, and thus in relation to population health. Nevertheless, not least because they pivot on defining pets as private property belonging to individual people, pet bylaws raise emotionally charged ethical issues that have yet to be tackled in any of the health research on pet ownership. The literature in moral philosophy on animals is vast, and we do not claim to advance this field here. Rather, we pragmatically seek to reconcile philosophical objections to pet ownership with both animal welfare and public health. In doing so, we foreground theorizations of personhood and property from sociocultural anthropology. (shrink)

Historically, society has not had a robust, institutionalized ethic for how animals should be treated. Before the Animal Welfare Act, the only laws constraining animal use in society were the anticruelty laws forbidding sadistic, deviant, purposeless, deliberate, unnecessary infliction of pain and suffering on animals, or outrageous neglect. These laws, both by statute and by judicial interpretation, did not apply to socially accepted animal uses such as research or agriculture. Because the overwhelming use of (...) class='Hi'>animals in society was in agriculture, aimed at providing food, fiber, locomotion, and power, and because the key to agricultural success was having healthy animals, good husbandry and good care were enforced by the most powerful sanction, self‐interest; the anticruelty laws were only there for society to manage sadists and psychopaths unmoved by self‐interest. But with the emergence of new kinds of “normal” animal use—such as intensive agriculture and animal research, both of which caused animal pain and suffering that did not fall under the anticruelty ethic—society was forced to create a new ethic for animals that went “beyond cruelty.” The Animal Welfare Act was a start, but it did not address all of the ethical concerns that society has had about the treatment of animals. As evidence of the need for a new ethic for animals, thousands of bills pertaining to animal welfare have been promulgated across the United States in the last decade. The new ethic for animals essentially applies much of our social ethic for humans, mutatis mutandis, to the treatment of animals and embodies the desired protections in the legal system. (shrink)

In recent years there has been a marked increase in interest in animal welfare issues worldwide. This subject often evokes extreme points of view, and can be both intellectually challenging and emotionally dividing. It is undeniably a field where substantial progress has taken place, with a multitude of countries worldwide implementing their own animal welfare and protection laws. However, calls continue to be voiced for more extensive and courageous measures to be taken concerning both the content and the (...) enforcement of animal welfare legislation. To highlight a variety of these promising and noteworthy ideas this article outlines and examines some selected and qualified aspects of a potential juridical approach to the subject by consulting the legal systems of Austria and Germany under this particular premise. The aim will be to ascertain the extent to which animals have been granted consideration and protection, for instance in spheres of Constitutional or Civil Law. What options exist to safeguard an animal by a legally founded and secured position, and on which rank in the legal system could such provisions possibly be established? Ideally, a complete legal network on all possible levels of the legal system should be developed, ensuring a comprehensive and an all-embracing protection of the individual animal. (shrink)

Animals in Brazil: Economic, Legal and Ethical Perspectives presents a broad overview of the complicated role of animals in Brazilian society. Its four substantive chapters survey the landscape of animal agriculture, animal protection laws, recent animal jurisprudence, and the underlying cultural factors that have shaped the Brazilian people's relationship with and treatment of animals. Despite the book's title, there is no chapter addressing economics. However, it represents the first book in English addressing the plight (...) of animals in Brazil and makes a marked contribution to animal ethics in Latin America. At its best, it is very good, and overall, the volume is a worthwhile addition to the bookshelf of anyone interested in Brazilian animal law.The introduction by the book's editor, Carlos Naconecy, does exactly what an introduction should do: it succinctly describes the content of the chapters to follow. My quibble is that while Naconecy has excellent English and expresses himself well, the essay badly needed the editorial scrutiny of a native English speaker. The succeeding chapters each begin with an abstract, a simple but useful aid to any scholar who might not be interested in all of the issues the book covers.Chapter 1, “Food Animals in Brazil: Five Decades of Transformation,” ably describes Brazil's progression from a primarily subsistence-based agrarian culture to its full-scale embrace of industrial agriculture with all of its incumbent horrors. In just 50 years, Brazil has gone from a net importer to the world's second-largest exporter.The story of the country's transition to confinement, meat-based agriculture is all too familiar. It wrought havoc on community and family ties and overwrote traditional dietary practices, leading to widespread obesity, disease, and nutrient deficiencies. It also made indifference toward agricultural animals a new national norm. The level of cruelty that is both legal and common in Brazilian industrial agriculture would strain credulity if it weren't so similar to those of so many other countries. Indeed, the authors’ discussion of the systemic animal mistreatment, devastating environmental consequences, and accompanying cultural erosion in Brazil could easily have been cut and pasted into a chapter surveying the last 50 years in the United States.The second chapter is the strongest in the collection. “The Legal Protection of Animals in Brazil: An Overview” summarizes the country's animal-legal framework and situates it within the context of Brazil's constitutional prohibition against animal cruelty. The authors explain why the constitution offers little practical protection. Under the prevailing view, only those acts undertaken for the purpose of causing needless suffering constitute cruelty. Since much animal cruelty is ostensibly done for other reasons (food, science, etc.), the cruelty prohibition does not reach the majority of offenses.The authors next construct a syllogistic argument that the current legal classification of animals as “things” rather than beings who are the subjects of rights is logically and ethically flawed. Since cruelty involves suffering, and objects cannot suffer, and since animals suffer (otherwise animal cruelty laws would be pointless), then animals must be subjects of the law. Phrased differently, animals must be rights-holders. This leads into a compelling argument that the constitution not only supports but requires such an interpretation.“Cases and Debates in the Brazilian Animal Rights Arena” does exactly what its title suggests. It looks at recent animal-related judicial developments and situates them within a broader cultural and legal context. For example, the Supreme Court recently held that the Vaquejada, a rodeo-like event involving chasing and tackling terrified cows, was unconstitutional.Immediately following the decision, the legislature amended the constitution to classify the Vaquejada as an important cultural activity and thus protected under a different constitutional provision. The courts are currently considering whether that constitutional amendment is itself unconstitutional. We are further told about movements against foie gras and vivisection and about recent developments regarding custody disputes over domestic animal companions.The final chapter, “Factors That Influence the Brazilian Ethos Regarding Animals” is a broad discussion of the ways Brazilian history and culture have impacted attitudes toward animals. It is argued that because Brazil was the last Western country to eliminate slavery, Brazilians are more prone to treat animals like property and that the Brazilian temperament makes them more likely to be passionate than pragmatic. We also learn that a cultural reluctance to protest against social wrongs enables Brazilians to remain silent in the face of animal injustice and that the country's Catholic tradition instilled the idea that only people were made in the image of God and that animals therefore matter less. These observations strike me as overbroad and problematic. For example, millions of Brazilians have spent much of the past decade protesting government corruption, and the country has an impassioned animal advocacy movement. Furthermore, it is not clear that Brazilians necessarily treat animals differently than people from other countries with very different histories.Overall, Animals in Brazil begins the work of new scholarship in English on animals in the Brazilian context. The fact that some chapters are more informative and useful than others is an inevitable by-product of an edited volume and should not deter those interested in Brazilian animal law from reading it. The excellence of the first two chapters alone makes the book worthwhile. (shrink)

The Ottoman legal system is built on religious (sharīʿa) and customary (ʿurfī) laws. The customary law consists of the rules that are not in contrast to the sacred law. Collection of regulations (qānūnnāme) were the most effective way for the execution of the customary laws. The qānūnnāme included the sultan’s orders and edicts (farman). Ottomans regulated and evaluated the taxes through measurements of lands specific times of the year. These measurements would be recorded into the taḥrīr books (written survey of (...) immovable prop-erties). And the administrative qānūnnāme were included in these books. In the qānūnnāmes, we can find information about the taxes, and the unlawful executions of the customary actors (ahl al-ʿurf) as well as the tax regulations. The qānūnnāmes on sanjak are composed accord-ing to the economic, social, and geographical characteristics of the administrative district it is written about, and with this, they provide us information on these issues. In this article, three sanjak qānūnnāmes are taken as the central topic and Kamah, Āmid, Pojega are evaluated in terms of the execution of customary law in these districts. These qānūnnāmes include record-ings of various taxing regulations, altered and cancelled executions, amounts of taxes, and punishments. We can compare the three districts in their economic and social characteristics.Summary: The Ottoman legal system consists of sharia and customary law. Ordinary law is based on some regulations which the sultan deems necessary and is composed of laws. The Ordinary law should not contradict sharia. When the Ottomans conquered a place, they generally protected the current laws (such as Uzun Hasan's laws), except for necessary changes or cancellations. When the Ottomans conquered a place, they used to make census to determine taxes. As a result of this census, Sanjak qānūnnāmes were placed in taḥrīr books. It also involves issues such as public and criminal law, customary tax regulations, and amounts of market taxes, which are approved by the emperor. In this article, the Sanjak qānūnnāmes of different regions belonging to the period of Suleiman the Magnificent, whose dates are close to each other, were selected. The Sanjak qānūnnāmes which are studied on are Kemah sanjak of Erzurum province belonging to (937/1530) and Āmid sanjak of Diyarbekir province belonging to (947/1540) and Pojega sanjak of Budin province belonging to (950/1545). The reason for this is to be able to compare the differences or stableness in tax and practices in the mentioned date range. At the same time, attention has been paid to the effectiveness of customary practices and the parts that are linked to sharīʾa. Some of the laws of Uzun Hasan are in force in Kemah and Amid. In these two sanjaks, some of the bâc taxes and some other taxes were removed. It is seen that the complaints made by the public due to the excess of taxes are taken into consideration. For example, in Kemah, the akche of murahhasiyye paid by the villagers for Armenian priests and bishops is one of them. The taxes that are abolished include kulluk and blend tax and taxes from various business lines. The tax, which was collected by the governors of the sanjak and the castle beys under the name of custom, which was imposed by some local administrators, was cancelled by seeing bidat. When three of the sanjaks are taken together, there are cautions that unfair and unlawful tax collections made by local administrators during tax collection have been abolished and these are accepted as bidat. Kemah sanjak qānūnnāme is 13 pages in total. Kemah, which has a geographical position and military transit route, has commercial relations with cities such as Trabzon and Hasankeyf. In Kemah, there are candle mill (şemhane), creamery (bezirhane) and tavern (meyhane). Kemah is one of the places where the climate has an impact on agriculture. Kemah's economy is based on trade, agriculture, small livestock, beekeeping. In Kemah, where caravan trade is important, trade goods are of value due to its location on the transit road. The Kemah qānūnnāme also contains various taʿzīr for unjust killing, wounding, and adultery. In the city, there are some arcs have ownership in common. The fact that there are mills indicates that the rivers in Kemah are utilized. Âmid Sanjak qānūnnāme consists of two pages. The title that attracts our most attention is that there is vitality and economic activity in the market since Âmid is on the Aleppo-Mosul Silk Road. The high number of weaving looms is due to the production of cotton. Amid has dye house and saphane. Indigo and Amid's red dye sold in the market shows the importance of weaving. Pojega sanjak qānūnnāme is composed of seven pages. Among the qānūnnāmes we have mentioned, this is the most legible one. In addition to the old practices, there are some new regulations in this qānūnnāme. The pig tax is only here because of the non-Muslim population. Transit tax fees indicate trading viability. Based on the studies made on these three sanjaks, it can be said that in the qānūnnāme, the rights of the raia (reaya) were tried to be protected by the rescript of the Sultan himself. Therefore, the most remarkable things in the qānūnnāme are not allowed unfair practices of local administrators and without the need to collect taxes from the public. The dates of the qānūnnāme are close to each other and Despite geographical differences, there is no remarkable change in taxation. Although there are non-Muslim populations in all three sanjaks, it is mostly in the Pojega sanjak. The fact that the pig tax is collected only from this sanjak is evidence of this situation. The presence of meyhane in Kemah, Amid and Pojega sanjaks point to the non-Muslim population. It is also used as a place where the villagers sell their grape juice. The mill tax on Kemah and Pojega show that rivers are used in common. (shrink)

While contractualism seems to solve some of the more pressing concerns of other moral theories, it does not conclusively address the moral status of non-human animals. Peter Carruthers claims that contractualism excludes animals from having full moral status. I argue that Carruthers’ arguments are fatally flawed due to his reliance on contradictory claims, unlikely assumptions, and flagrant violations of the contractualist method. However, Carruthers also claims that we can treat animals wrongly and that it (...) deserves moral criticism. This claim is based in indirect moral significance. However, this position makes it impossible for Carruthers to avoid endorsing two extremely counter-intuitive claims. The work of C. Tucker and C. MacDonald allows us to demonstrate that contractualism does give animals full moral standing. They ground the criteria for a contracting agent in three characteristics that animals possess. A look at some possible objections reveals nothing devastating to their proposal. (shrink)

Due to their heavy reliance on public goodwill, community-based animal protection organizations (APOs) often face a dilemma in animal advocacy. Either they preserve institutional efficacy by focusing on popular causes—for example, protecting cats and dogs from individual acts of cruelty—at the expense of their own progressive institutional mandates. Or they honor their own institutional mandates by pursuing progressive causes—for example, challenging factory farming or the property status of animals—at the risk of losing public (...) support. In this chapter, the authors argue that APOs can avoid this dilemma by adopting a new model of advocacy: “we”-reasoning. Drawing on recent work in the philosophy of social norms, the authors claim that “we-reasons” rooted in group norms, distinct from both prudential reasoning (“reason-for-me”) and from moral reasoning (“reason-for everyone”), can generate support for progressive agendas. They apply this model to recent controversies about the adoption of vegan diets in shelters. (shrink)

continent. 1.3 (2011): 149-155. The world is teeming. Anything can happen. John Cage, “Silence” 1 Autonomy means that although something is part of something else, or related to it in some way, it has its own “law” or “tendency” (Greek, nomos ). In their book on life sciences, Medawar and Medawar state, “Organs and tissues…are composed of cells which…have a high measure of autonomy.”2 Autonomy also has ethical and political valences. De Grazia writes, “In Kant's enormously influential moral philosophy, autonomy (...) , or freedom from the causal determinism of nature, became prominent in justifying the human use of animals.”3 One of the oldest uses of autonomy in English is a description of the French civil war from the late sixteenth century: “Others of the…rebellion entred in counsell, whether they ought to admit the King vpon reasonable conditions, specially hauing their autonomy.”4 Life, and in particular human life, and in particular human politics, is well served by the usages of autonomy . What about the rest of reality, however? Should it be thought of, if it's even considered real and mind-independent, as pure stuff for the manipulation or decorative tastes of truly autonomous beings? We tend to think of things such as paperweights and iPhones as mere tools of human design and human use. To use them is to cause them to exist as fully and properly as they can. But according to Martin Heidegger, when a tool such as a paperweight is used, it disappears, or withdraws ( Entzug ). We are preoccupied with copying the page that the paperweight is holding down. We are concerned with an essay deadline, and the paperweight simply disappears into this general project. If the paperweight slips, or if the iPhone freezes, we might notice it. All of a sudden it becomes vorhanden (present-at-hand) rather than zuhanden (ready-to-hand).5 Yet Heidegger is unable to draw a meaningful distinction between what happens to a paperweight when it slips from the book I'm copying from and what happens to the paperweight when it presses on the still resilient pages of the thick paperback itself. Further still and related to this point, even when I am using the paperweight as part of some general task, I am not using the entirety of the paperweight as such. My project itself selects a thin slice of paperweight-being for the purposes of holding down a book. Even when it is zuhanden the paperweight is withdrawn. Graham Harman is the architect of this way of thinking.6 Harman discovered a gigantic coral reef of withdrawn entities beneath the Heideggerian submarine of Da-sein, which itself is operating at an ontological depth way below the choppy surface of philosophy, beset by the winds of epistemology, and infested with the sharks of materialism, idealism, empiricism and most of the other isms that have defined what is and what isn't for the last several hundred years. At a moment when the term ontology was left alone like a piece of well chewed old chewing gum that no one wants to have anything to do with, object-oriented ontology (OOO) has put it back on the table. The coral reef isn't going anywhere and once you have discovered it, you can't un-discover it. And it seems to be teeming with strange facts. The first fact is that the entities in the reef—we call them “objects” somewhat provocatively—constitute all there is: from doughnuts to dogfish to the Dog Star to Dobermans to Snoop Dogg. People, plastic clothes pegs, piranhas and particles are all objects. And they are all pretty much the same, at this depth. There is not much of a distinction between life and non-life (as there isn't in contemporary life science). And there is not much of a distinction between intelligence and non-intelligence (as there is in contemporary artificial intelligence theory). A lot of these distinctions are made by humans, for humans (anthropocentrism). And the concept autonomy has come into play in policing such distinctions. In this essay I shall to try to liberate autonomy for the sake of nonhumans. I shall do so by parsing carefully the title, which is taken from Hakim Bey's work The Temporary Autonomous Zone .8 First we shall explore the term autonomous . Then we shall explore what the full meaning of zone is. Finally, we shall investigate what temporary means. Each of these terms is of great value. An object withdraws from access. This means that its very own parts can't access it. Since an object's parts can't fully express the object, the object is not reducible to its parts. OOO is anti-reductionist. But OOO is also anti-holist. An object can't be reduced to its “whole” either, “reduced upwards” as it were. The whole is not greater than the sum of its parts. So we have a strange irreductionist situation in which an object is reducible neither to its parts nor to its whole. A coral reef is made of coral, fish, seaweed, plankton and so on. But one of these things on its own doesn't embody part of a reef. Yet the reef just is an assemblage of these particular parts. You can't find a coral reef in a parking lot. In this way, the vibrant realness of a reef is kept safe both from its parts and from its whole. Moreover, the reef is safe from being mistaken for a parking lot. Objects can't be reduced to tiny Lego bricks such as atoms that can be reused in other things. Nor can be reduced upwards into instantiations of a global process. A coral reef is an expression of the biosphere or of evolution, yes; but so is this sentence, and we ought to be able to distinguish between coral reefs and sentences in English. The preceding facts go under the heading of undermining . Any attempt to undermine an object—in thought, or with a gun, or with heat, or with the ravages of time or global warming—will not get at the withdrawn essence of the object. By essence is meant something very different from essentialism . This is because essentialism depends upon some aspect of an object that OOO holds to be a mere appearance of that object, an appearance-for some object. This reduction to appearance holds even if that object for which the appearance occurs is the object itself! Even a coral reef can't grasp its essential coral reefness. In essentialism, a superficial appearance is taken for the essence of a thing, or of things in general. In thinking essentialism we may be able to discern another way of avoiding OOO. This is what Harman has christened overmining .? The overminer decides that some things are more real than others: say for example human perception. Then the overminer decides that other things are only granted realness status by somehow coming into the purview of the more real entity. When I measure a photon, when I see a coral reef, it becomes what it is. But when I measure a photon, I never measure the actual photon. Indeed, since at the quantum scale to measure means “to hit with a photon or an electron beam” (or whatever), measurement, perception ( aisthesis ), and doing become the same. What I “see” are deflections, tracks in a diffusion cloud chamber or interference patterns. Far from underwriting a world of pure illusion where the mind is king, quantum theory is one of the very first truly rigorous realisms, thinking its objects as irreducibly resistant to full comprehension, by anything.9 So far we have made objects safe from being swallowed up by larger objects and broken down into smaller objects—undermining. And so far we have made objects safe from being mere projections or reflections of some supervenient entity—overmining. That's quite a degree of autonomy. Everything in the coral reef, from the fish to a single coral lifeform to a tiny plankton, is autonomous. But so is the coral reef itself. So are the heads of the coral, a community of tiny polyps. So is each individual head. Each object is like one of Leibniz's monads, in that each one contains a potentially infinite regress of other objects; and around each object, there is a potentially infinite progress of objects, as numerous multiverse theories are now also arguing. But the infinity, the uncountability, is more radical than Leibniz, since there is nothing stopping a group of objects from being an object, just as a coral reef is something like a society of corals. Each object is “a little world made cunningly” (John Donne).10 We are indeed approaching something like the political valance of autonomy . The existence of an object is irreducibly a matter of coexistence. Objects contain other objects, and are contained “in” other objects. Let us, however, explore further the ramifications of the autonomy of objects. We will see that this mereological approach (based on the study of parts) only gets at part of the astonishing autonomy of things. Yet there are some more things to be said about mereology before we move on. Consider the fact that since objects can't be undermined or overmined, it means that there is strictly no bottom object . There is no object to which all other objects can be reduced, so that we can say everything we want to say about them, hypothetically at least, based on the behavior of the bottom object. The idea that we could is roughly E.O Wilson's theory of consilience .11 Likewise, there is no object from which all things can be produced, no top object . Objects are not emanations from some primordial One or from a prime mover. There might be a god, or gods. Suppose there were. In an OOO universe even a god would not know the essential ins and outs of a piece of coral. Unlike even some forms of atheism, the existence of god (or nonexistence) doesn't matter very much for OOO. If you really want to be an atheist, you might consider giving OOO a spin. If there is no top object and no bottom object, neither is there a middle object . That is, there is no such thing as a space, or time, “in” which objects float. There is no environment distinct from objects. There is no Nature (I capitalize the word to reinforce a sense of its deceptive artificiality). There is no world, if by world we mean a kind of “rope” that connects things together.12 All such connections must be emergent properties of objects themselves. And this of course is well in line with post-Einsteinian physics, in which spacetime just is the product of objects, and which may even be an emergent property of a certain scale of object larger than 10?¹?cm).13 Objects don't sit in a box of space or time. It's the other way around: space and time emanate from objects. How does this happen? OOO tries to produce an explanation from objects themselves. Indeed, the ideal situation would be to rely on just one single object. Otherwise we are stuck with a reality in which objects require other entities to function, which would result in some kind of undermining or overmining. We shall see that we have all the fuel we need “inside” one object to have time and space, and even causality. We shall discover that rather than being some kind of machinery or operating system that underlies objects, causality itself is a phenomenon that floats ontologically “in front of” them. In so doing, we will move from the notion of autonomy and begin approaching a full exploration of the notion of zone , which was promised at the outset of this essay. Since an object is withdrawn, even “from itself,” it is a self-contradictory being. It is itself and not-itself, or in a slightly more expanded version, there is a rift between essence and appearance within an object (as well as “between” them). This rift can't be the same as the clichéd split between substance and accidents , which is the default ontology. On this view, things are like somewhat boring cupcakes with somewhat less boring sugar sprinkles on them of different colors and shapes. But on the OOO view, what is called substance is just another limited slice of an object, a way of apprehending something that is ontologically fathoms deeper. What is called substance and what is called accidence are just on the side of what this essay calls appearance. The rift (Greek, chorismos ) between essence and appearance means that an object presents us with something like what in logic is known as the Liar: some version of the sentence “This sentence is false.” The sentence is true, which means that it is a lie, which means that it is false. Or the sentence is false, which means that it is telling the truth, which means that it is true. Now logic since Aristotle has tried desperately to quarantine such beasts in small backwaters and side streets so that they don't act too provocatively.14 But if OOO holds, then at least one very significant thing in the universe is both itself and not-itself: the object. An object is p ? ¬p. To cope with this fact, we shall need some kind of paraconsistent or even fully dialetheic logic, one that is not allergic to dialetheias (double-truthed things). Yet if we accept that objects are dialetheic, p ? ¬p, we can derive all kinds of things easily from objects. Consider the fact of motion. If objects only occupy one location “in” space at any “one” time, then Zeno's paradoxes will apply to trying to think how an object moves. Yet motion seems like a basic, simple fact of our world. Either everything is just an illusion and nothing really moves at all (Parmenides). Or objects are here and not-here “at the same time.”15 This latter possibility provides the basic setup for all the motion we could wish for. Objects are not “in” time and space. Rather, they “time” (a verb) and “space.” They produce time and space. It would be better to think these verbs as intransitive rather than transitive, in the manner of dance or revolt . They emanate from objects, yet they are not the object. “How can we know the dancer from the dance?” (Yeats).16 The point being, that for there to be a question, there must be a distinction—or there must not be (p ? ¬p).17 It becomes impossible to tell: “What constitutes pretense is that, in the end, you don't know whether it's pretense or not.”18 In this notion of the emergence of time and space from an object we can begin to understand the term zone . Zone can mean belt , something that winds around something else. We talk of temperate zones and war zones. A zone is a place where a certain action is taking place: the zone winds around, it radiates heat, bullets fly, armies are defeated. To speak of an autonomous zone is to speak of a place that a certain political act has carved out of some other entity. Cynically, Tibet is called TAR, the Tibetan Autonomous Region, for this very reason. In this phrase, Region tries to emulate zone : it sounds as if the place has its own rules, but of course, it is very much under the control of China. What action is taking place? “[N]ot something that just is what it is, here and now, without mystery, but something like a quest…a tone on its way calling forth echoes and responses…water seeking its liquidity in the sunlight rippling across the cypresses in the back of the garden.”19 If as suggested earlier there is no functional difference between substance and accidence; if there is no difference between perceiving and doing; if there is no real difference between sentience and non-sentience—then causality itself is a strange, ultimately nonlocal aesthetic phenomenon. A phenomenon, moreover, that emanates from objects themselves, wavering in front of them like the astonishingly beautiful real illusion conjured in this quotation of Alphonso Lingis. Lingis's sentence does what it says, casting a compelling, mysterious spell, the spell of causality, like a demonic force field. A real illusion: if we knew it was an illusion, if it were just an illusion, it would cease to waver. It would not be an illusion at all. We would be in the real of noncontradiction. Since it is like an illusion, we can never be sure: “What constitutes pretense…” A zone is what Lingis calls a level . A zone is not entirely a matter of “free will”: this concept has already beaten down most objects into abject submission. Objects are far more threateningly autonomous, and sensually autonomous, than the Kantian version of autonomy cited in the first paragraph of this essay. A zone is not studiously decided upon by an earnest committee before it goes into action. One of its predominant features is that it is already happening . We find ourselves in it, all of a sudden, in the late afternoon as the shadows lengthen around a city square, giving rise to an uncanny sensation of having been here before. Objects emit zones. Wherever I find myself a zone is already happening, an autonomous zone. It is the nonautonomous zones that are impositions on what is already the case. Or rather, these zones are autonomous zones that exclude and police. They are brittle. Every object is autonomous, but some objects try to maintain themselves through rigidity and brittleness, like (and such as) a police state. Paradoxically, the more rigidly one tries to exclude contradiction, the more virulent become the dialetheias that are possible. I can get around “This sentence is false” by imagining that there are metalanguages that explain what counts as a sentence. Then I can decide that this isn't a real sentence. This is basically Alfred Tarski's strategy, since he invented the notion of metalanguage specifically to cope with dialetheias.20 For example we might claim that sentences such as “This sentence is false” are neither true nor false. But then you can imagine a strengthened version of the Liar such as: “This sentence is not true”; or “This sentence is neither true nor false.” And we can go on adding to the strengthened Liar if the counter-attack tries to build immunity by specifying some fourth thing that a sentence can be besides true, false, and neither true nor false: “This sentence is false, or neither true nor false, or the fourth thing.” And so on.21 It seems as if language becomes more brittle the more it tries to police the Liars of this world. Why? I believe that this increasing brittleness is a symptom of a deep fact about reality. What is this deep fact? Simply that there are objects, that these objects are withdrawn, and that they are walking contradictions. This means indeed that (as Lacan put it) “there is no metalanguage,” since a metalanguage would function as a “middle object” that gave coherency and evenness to the others.22 Since there is no metalanguage, there is no rising above the disturbing illusory play of causality. This may even have political implications: no global critique is therefore possible, and attempts to smooth out or totalize are doomed to fail. To think the zone is to think the notion of temporary , which we shall now begin to discuss in greater detail. The zone is not in time: rather it “times.” But because a zone is an emanation of an object, it is based on a wavering fragility, since objects are p ? ¬p. When an object is born, that means that it has broken free of some other object. An object can be born because it and other objects are fragile. If not, no movement would be possible. Objects contain the seeds of their own destruction, a dialetheic sentence that says something like “This sentence cannot be proved.” Kurt Gödel argues that every true system of propositions contains at least one sentence that the system cannot prove. In order to be true, the system must have a minimum incoherence. To be real, it has to be fragile. Imagine a record player. Now imagine a record called I Cannot Be Played on This Record Player . When you play it on this record player, it produces sympathetic vibrations that cause the record player to shudder apart. No matter how many defense mechanisms you build in, there will always be the possibility of at least one record that destroys the record player.23 That is what being physical is. An object is inherently fragile because it is both itself and not-itself. When the rift between appearance and essence collapses, that is called destruction, ending, death. When an object breaks, several new objects are born. An opera singer sings a loud note in tune with the resonant frequency of a wine glass. (See the movie included below.) The singing is a zone, an autonomous level of intensity, opening a rift between appearance and essence. The glass ripples—for a moment it is nakedly a glass and a not-glass—almost as if it were having an orgasm, a little death. It is caught in the rift of the singing. Then its structure can't handle the coherence of the sound waves, and it breaks. It is incoherence and inconsistency that is the mark of existence, not consistency and noncontradiction. When things break or die, they become coherent. Essence disappears into appearance. I become the memories of friends. A glass becomes a dancing wave. Instantly, there are glass fragments, new temporary autonomous zones. The fragments have broken free from the glass. They are no longer its parts, but emanate their own time and space, becoming perhaps accidental weapons as they bury themselves in my flesh. Thus Hakim Bey's instructions on creating temporary autonomous zones oscillate disturbingly between performance art and politics, circus clowning and revolution. To play with the aesthetic is to play with causality, to rip from the sensual ether emanating from things new regions, new zones. Anarchist politics is the creation of fresh objects in a reality without a top or a bottom object, or for that matter a middle object: Everything in nature is perfectly real including consciousness, there's absolutely nothing to worry about. Not only have the chains of the Law been broken, they never existed; demons never guarded the stars, the Empire never got started, Eros never grew a beard. … There is no becoming, no revolution, no struggle, no path; already you're the monarch of your own skin—your inviolable freedom waits to be completed only by the love of other monarchs: a politics of dream, urgent as the blueness of sky.24 Bey imagines that this is because chaos is a primordial “undifferentiated oneness-of-being.” A Parmenides or a Spinoza or a Laruelle would read this a certain way. Individual objects, or decisions to talk about this rather than that, are just maggot-like things crawling around on the surface of the giant cheese of oneness.25 Yet he also describes chaos as “Primordial uncarved block, sole worshipful monster, inert & spontaneous, more ultraviolet than any mythology.” This image is of an inconsistent object, not of an undifferentiated field. An object, indeed, that can be distinguished from other things. If not, then the first part of The Temporary Autonomous Zone , subtitled “The Broadsheets of Ontological Anarchism,” is a kind of onto-theology. Onto-theology proclaims that some things are more real than others. Bey, however, is writing poetically, and thus ambiguously. We are at liberty to read “undifferentiated oneness-of-being” as something like the irreducibility of a thing to its parts and so forth (undermining and overmining). This certainly seems closer to the language in the following paragraph: “There is no becoming … already you're the monarch of your own skin.”26 On this view, there is no difference between art and politics: “When ugliness, poor design & stupid waste are forced upon you, turn Luddite, throw your shoe in the works, retaliate.” Since Romanticism this has been the war cry of the vanguard artist.27 To say to is to fall prey to the tired axioms of the avant-garde, and we think we know how the game goes. But OOO is not simply a way to advocate “new and improved” versions of this shock-the-bourgeoisie boredom. Bey's text is certainly full enough of that. Rather, since causality as such is aesthetic, and since nonhumans are not that different from humans, the new approach would be to form aesthetic–causal alliances with nonhumans. These alliances would have to resist becoming brittle, whether that brittleness is right wing (authoritarianism) or left wing (the endless maze of critique). No “ism,” especially not the ultimate forms, nihilism and cynicism, is in any sense effective at this point. All forms of brittleness are based on the mistaken assumption that there is a metalanguage and that therefore “Anything you can do, I can do meta.” I will not be listing any approaches here, as Bey does. Such lists and manifestos belong to the vanguardism that no longer works. Why? Not because of some marvelous revolution in human consciousness, but because nonhumans have so successfully impinged upon human social, psychic and aesthetic space. It is the time after the end of the world. That happened in 1945, when a thin layer of radioactive materials was deposited in Earth's crust. Geology now calls it this era the Anthropocene . Ironically, this period, named after humans, is the moment at which even the most thick headed of us make decisive contact with nonhumans, from mercury in our blood to manta rays to magnesium. Richard Dawkins, Pat Robertson and Lady Gaga all have to deal with global warming and mass extinction, somehow. We now live in an Age of Asymmetry marked by a skewed, spiraling relationship between vast knowledge and vast nonhuman things—both become vaster and vaster because of one another and for the same reasons.28 This means that coming up with the perfect attitude or the perfect aesthetic prescription just won't work any more. Even the most hardened anthropocentrist now has to pay through the nose for basic food supplies, and has to use more sunscreen. Whether he knows it or acknowledges it, he is already acting with regard towards nonhumans. There is nothing special to think, no special critique that will get rid of the stains of coexistence. The problem won't fit into the well-established modern boxes, which is why the “mystical,” “spiritual” quality of Bey's prose is welcome. Of course, when I put it this way, you may immediately close off and decide that I am talking about perfect attitudes after all, or something outside of politics, or other ways that the radical left marshals to police its thinking of the nonhuman. Because that is what is really at stake in all this: the nonhuman in its coexistence with the human—bosons, gods, clouds, spirits, lifeforms, experiences, the sunlight rippling across the cypresses. Bey begins to get at this in a Latour litany in the second part of The Temporary Autonomous Zone , “The Assassins”: Pomegranate, mulberry, persimmon, the erotic melancholy of cypresses, membrane-pink shirazi roses, braziers of meccan aloes & benzoin, stiff shafts of ottoman tulips, carpets spread like make-believe gardens on actual lawns—a pavilion set with a mosaic of calligrammes—a willow, a stream with watercress—a fountain crystalled underneath with geometry— the metaphysical scandal of bathing odalisques, of wet brown cupbearers hide-&-seeking in the foliage—“water, greenery, beautiful faces.”29 This will be conveniently dismissed as orientalism. If we're never allowed to escape the crumbling prison of modernity for fear of imperialism there is truly no hope. In a similar way, the fear of anthropocentrism and anthropomorphism is very often staged from a place that just is anthropocentrism .30 Critique turns into ressentiment . An object radiates a zone that is aesthetic and therefore causal. Because objects “time” they are temporary. Not because they exist “in” time that eventually gets the better of them. Their very existence implies the possibility of their non-existence. Since objects are not consistent, they can cease to exist. But nothing, no one, will ever be able to insert a blade between appearance and existence, even thought there is a rift there. Now that's what I call autonomy. NOTES 1. John Cage, Silence: Lectures and Writings (Middletown, CT: Wesleyan University Press, 1973), 96. 2. P. B. Medawar and J. S. Medawar, The Life Science: Current Ideas in Biology (London: Wildwood House, 1977), 8. 3. David DeGrazia, Animal Rights: A Very Short Introduction (Oxford: Oxford University Press, 2002), 5. 4. Antony Colynet, A True History of the Civil Warres in France (London, 1591), 480. 5. Martin Heidegger, Being and Time , tr. Joan Stambaugh (Albany, N.Y: State University of New York Press, 1996) 62–71. 6. Graham Harman, Tool-Being: Heidegger and the Metaphysics of Objects (Peru, IL: Open Court, 2002). 7. Hakim Bey, The Temporary Autonomous Zone (Brooklyn: Autonomedia, 1991). 8. Graham Harman, The Quadruple Object (Ripley: Zero Books, 2011), 7–18. 9. This is not the place to get into an argument about quantum theory, but I have argued that quanta also do not endorse a world that I can't speak about because it is only real when measured. This world is that of the reigning Standard Model proposed by Niels Bohr and challenged by De Broglie and Bohm (and now the cosmologist Valentini, among others). See Timothy Morton, “Here Comes Everything: The Promise of Object-Oriented Ontology,” Qui Parle 19.2 (Spring–Summer, 2011), 163–190. 10. John Donne, Holy Sonnets 15, in The Major Works: Including Songs and Sonnets and Sermons , ed. John Carey (Oxford: Oxford University Press, 2009). 11. Edward O. Wilson, Consilience: The Unity of Knowledge (New York: Knopf, 1998). 12. Martin Heidegger, What Is a Thing? (Washington: Regnery, 1968), 243. 13. Albert Einstein, Relativity: The Special and the General Theory (London: Penguin, 2006); Petr Horava, “Quantum Gravity at a Lifshitz Point,” arXiv:0901.3775v2 [hep-th]. 14. Graham Priest, In Contradiction (Oxford University Press, 2006), passim: the most notable recent quarantine officers have been Tarski, Russell, and Frege. 15. Priest, In Contradiction , 172–181. 16. William Butler Yeats, “Among School Children,” Collected Poems , ed. Richard J. Finneran (New York: Scribner, 1996). 17. Paul de Man, “Semiology and Rhetoric,” Diacritics 3.3 (Autumn, 1973), 27–33 (30). 18. Jacques Lacan, Le seminaire, Livre III: Les psychoses (Paris: Editions de Seuil, 1981), 48. See Slavoj Zizek, The Parallax View (Cambridge, Mass.: MIT Press, 2006), 206. 19. Alphonso Lingis, The Imperative (Bloomington: Indiana University Press, 1998), 29. 20. Priest, In Contradiction , 9–27. 21. See Graham Priest and Francesco Berto, “ Dialetheism ,” The Stanford Encyclopedia of Philosophy (Summer 2010 Edition), ed. Edward N. Zalta. 22. Jacques Lacan, Écrits: A Selection , tr. Alan Sheridan (London: Tavistock, 1977), 311. 23. The analogy can be found at length in Douglas Hofstadter, “Contracrostipunctus,” Gödel, Escher, Bach: An Eternal Golden Braid (New York: Basic Books, 1999), 75–81. 24. Bey, “ Chaos: The Broadsheets of Ontological Anarchism ,” Temporary Autonomous Zone . 25. This is closest to the language of François Laruelle in Philosophies of Difference: A Critical Introduction to Non-Philosophy (New York: Continuum, 2011) 179. 26. Bey, “ Chaos: The Broadsheets of Ontological Anarchism ,” Temporary Autonomous Zone . 27. Peter Bürger, Theory of the Avant Garde (Minneapolis: University of Minnesota Press, 1984). 28. For further discussion see Timothy Morton, “From Modernity to the Anthropocene: Ecology and Art in the Age of Asymmetry,” The International Social Science Journal 209 (forthcoming). 29. Bey, “ The Assassins ,” Temporary Autonomous Zone . 30. Timothy Morton, The Ecological Thought (Cambridge, Mass.: Harvard University Press, 2010), 75–76. (shrink)

In the last three decades, the consideration of whether non-human animals should be ascribed any moral status, and if so in what way it ought to be ascribed to them, has become of central philosophical, political and economic importance. Thus, given thecontemporary significance of what may be called (jar simplicity’s sake) the “animal issue,” it is worthwhile to examine in what way Ancient Greek philosophy might contribute to our understanding of the issue and to our philosophical response (...) to it. With this in mind,in this essay I examine the issue of the moral status of animals from a “critical” Aristotelian perspective, on the basis of which I shall attempt: (§I) to show how, unlike the Cartesian view of animal nature, Aristotle’s conception of the non-moral status of animals stillinforms the prevailing contemporary view of the animal, and (§II) to establish that Aristotle’s failure to ascribe moral status to animals should be rejected (a) given his admission that animals are, by nature, capable of suffering while they are unable to engage in rational deliberation, and (b) given his understanding of the connection between moral blameworthiness, natural disposition, and various kinds of acts, particularly un-chosen and chosen willing acts. In this way, we shall show that although the prevailing contemporary view of the animal’s moral status represents a slightly more “elevated” view than Aristotle’s, insofar as (typically) we do not explicitly claim, as Aristotle did, that animals are due no moral consideration, by critically appropriating the relevant Aristotelian texts, we nonetheless findrich philosophical evidence that permits us to further elevate our conception of the moral status of animals such that we are prepared to grant them genuine moral significance, not just in theory but also in practice. (shrink)

This book considers the efficacy of the common regulatory model of the licensing regime as a means of regulating animal use in England, with a particular focus on wild animals and the regime’s ability to ensure animal welfare needs are met. Using information gleaned from over 550 inspection reports relating to the period 2008 through 2019, obtained using FOI Act requests, the book analyses the extent to which animals used by these industries are protected by (...) law. Tyson analyses the limitations present in the practical application of English legislation responsible for creating a number of relevant licensing regimes.The regimes discussed include: The Zoo Licensing Act 1981, the now repealed Welfare of Wild Animals in Travelling Circuses Regulations 2012, and the Animal Welfare Regulations 2018, introduced under the Animal Welfare Act 2006. Exploring the weakness in the use of this type of regulatory model, Tyson proposes compelling recommendations for change in future policy development. Making an important contribution to the question of enforcement of animal welfare laws, this book provides useful and original insights into the implementation of licensing regimes, and will be of particular interest to scholars of animal welfare law, animal ethics, and critical animal studies. (shrink)

IntroductionThe observation that animals may respond to emotional states of conspecific or even hetero-specific individuals is not new. Darwin broached the question by underlying the ability of animals to express sympathy, i.e. the response to non-self-emotional status, and this across species barriers. More importantly, he tried to find the evolutionary origin of this animal trait, suggesting that it evolved from the selective advantages of kinship behaviour in the struggle for life (Darwin, 1872). Such a behaviour (...) corresponds, for instance, to alloparental care relatively common in mammals and birds, and now also characterized in fishes and insects (Josi, Taborsky, & Frommen, 2019; Wu, Walser, Sun, & Kölliker, 2020). After more than one century, the need of defining what exactly non-human animals are able to feel, and from this starting point, rethink the legal status and place of animals in human societies, suddenly arises. This can mainly be considered as an indirect consequence of people awareness of human-driven dramatic impacts on global climate, biodiversity, but also on a more daily basis on animal life and welfare. However, because assessable currencies are required to establish laws, animals were classified into categories based on ecological (e.g. invasive species, pest, wild, domestic), biological (e.g. vertebrates and invertebrates) or cognitive (e.g. primates, cephalopods) traits. This should help lawyers to define ethical rules of animal use by humans and t... (shrink)

In lieu of an abstract, here is a brief excerpt of the content:Reviewed by:The Specter of Speciesism: Buddhist and Christian Views of AnimalsChristopher Key ChappleThe Specter of Speciesism: Buddhist and Christian Views of Animals. By Paul Waldau. Oxford and New York: Oxford University Press, 2002. xv + 303 pp.At the Parliament of World Religions held in Cape Town in 1999, Dada Vaswani, a leading spiritual voice within India, proclaimed that the nineteenth century brought the liberation of slaves, that the (...) twentieth century brought the liberation of women, and that the twenty-first century will bring the liberation of animals. For Paul Waldau, a key piece in this transformation will result from the insights of ethology, the specialized branch of biology that offers new information regarding the consciousness of animals. Scientific research has revealed that animals occupy a complex world, replete with desires and emotions. Based on this scientific research, Waldau asserts that a new morality will arise that acknowledges the inherent moral standing of animals, and will overturn the long-held view that animals serve only one purpose: to serve humanity. Otherwise, he asserts, humans will remain enmeshed in the tyranny of speciesism.In this meticulous study, Paul Waldau assesses the origins of the term "speciesism," coined by Ryder in 1970. He explores the link between speciesism and slavery, colonization, and the oppression of women and children. Just as ethical discourse has been altered through history regarding these issues, Waldau suggests that as more information becomes available, human attitudes regarding animals will evolve. However, due to entrenched religious views, this change will be gradual. This book consists of a sustained argument for expanding our categories of worth beyond purely anthropocentric values. Waldau suggests that although humans hold a power advantage over animals, "[d]ifferences in abilities, and even hierarchy, to the extent they exist, do not automatically imply the propriety of dominance, let alone tyranny" (p.39).To develop his argument, Waldau writes about three higher-order mammals that merit consideration: the great apes, elephants, and cetaceans (whales and dolphins). Each of these groups of animals display complex abilities and have, in proportion to the size of their bodies, large brains. Genetically, chimpanzees and humans share 98.4% identical DNA. Chimpanzees can develop high language functioning and use [End Page 293] tools, subverting the assumptions that these two capabilities are uniquely human. In regard to elephants, Waldau writes that "[b]oth Aristotle and Pliny designated elephants as the animals closest to humans in intelligence" (p. 79). He particularly notes their highly developed matriarchal social structure and their ability to communicate over long distances. Similarly, Waldau summarizes recent research on cetaceans' ability to protect one another through echolocation and a highly intricate communication system based on touch and soundings. Because of this scientific resarch, Waldau asserts that Descartes was wrong to proclaim that "dumb animals do not think" (p. 89).Waldau's underlying argument asks that humans not "lump" all animals together under one umbrella category, but assess each group of animals according to its own gifts. He asks that we not regard humans as utterly unique (and hence better), but pay attention to current scientific research and ethical insights that value animals for their inherent worth. Though Waldau does not attempt to establish a new hierarchy of more-valued creatures, he does argue persuasively that great apes, elephants, and the cetaceans deserve greater respect, and that we need to re-examine and hopefully deconstruct the inherited cultural understanding of all animals as simply "other."This brings us to the primary focus of the book: an investigation of the place of animals in Buddhist and Christian traditions. In Buddhism, animals suffer their fate because of negative karma, and, at best, can hope to be reborn as a human being capable of receiving the Buddha's teachings. Waldau cites various texts, from the Jataka tales to the Mahayana sutras, that accord conscience and agency to specific animals. He claims, however, that Buddhist cultures have generally not gone out of their way to cultivate a culture of animal benevolence, citing the example of elephant trainers in Southeast Asia. Some mention of the Buddhist practice of purchasing and releasing animals, widely practiced in East Asia, would have been helpful. Unlike some authors, Waldau... (shrink)

The ultimate aim of this dissertation is to determine whether libertarian theories of property can be adequately grounded in Locke's theory of natural rights. I defend the thesis that Locke's theory has no room for a fundamental commitment to natural rights, including property rights. ;In the first three chapters, I challenge each component of the dominant interpretation of Locke's theory of property in this century, viz., that of C. B. Macpherson. In Chapter One, I criticize Macpherson's claim (...) that Locke's view allows unlimited appropriation. In Chapter Two, I agree with Macpherson that Locke defended a state in which the franchise was restricted to those who held significant property, viz., land. However, this can be reconciled with an initial contract into civil society that meets certain standards of rationality and fairness. Thus, while political power is not equally distributed in the state Locke describes, that is not necessarily inconsistent with a rational, free, and voluntary social contract. This shows that we need not see Locke as committed to the interests of the wealthiest members of society. In Chapter Three, I agree with Macpherson that Locke's view is that the purpose of contracting out of the state of nature is the protection of one's property. But I briefly argue that Macpherson does not take seriously Locke's concept of property right and the wide range of objects that count as property. If we pay careful attention to Locke's terminology, we can see that although the purpose of the state is the protection of property, that does not guarantee greater protection for the wealthy than it ensures the poor. ;In Chapter Four, I challenge a quite different thesis. James Tully has argued that Locke did not defend private property at all, but attacked it. I criticize this interpretation on the grounds that Locke explicitly allows certain practices that Tully takes to be violations of the law of nature as Locke construes it. I also criticize the claim that certain developments in a commercial economy, such as the consumption of valuable land, necessarily violate the law of nature. In addition, I argue that the idea of conventionally established property rights is inconsistent with Locke's account of how and why government comes to be established. ;In Chapter Five, I provide an account of the principles underlying Locke's account of rights, both within and without civil society. I argue that Locke's view is improperly construed as a view which gives pride of place to rights. Rather, rights are almost always derivative from duties, and in those cases where they are not derivative, they are subordinate to certain primary duties that oblige us in virtue of our status as God's creations. (shrink)

In the past decade, philosopher Bernard Rollin points out, we have "witnessed a major revolution in social concern with animal welfare and the moral status of animals." Adopting the stance of a moderate, Harold Guither attempts to provide an unbiased examination of the paths and goals of the members of the animal rights movement and of its detractors. Given the level of confusion, suspicion, misunderstanding, and mistrust between the two sides, Guither admits the difficulty in locating, (...) much less staying in, the middle of the road. The philosophical conflict, however, is fairly clear: those who resist reform, fearing that radical change in the treatment of animals will infringe on their business and property rights, versus the new activists who espouse a different set of moral and ethical obligations toward animals. From his position as a moderate, Guither presents a brief history of animal protection and the emergence of animal rights, describes the scope of the movement, and identifies major players such as Paul and Linda McCartney and organizations such as People for the Ethical Treatment of Animals that are actively involved in the movement. He concentrates on what is actually happening in the 1990s, discussing in detail the possible consequences of the current debate for those who own, use, or enjoy animals in entertainment and leisure pursuits. A reference work for students in animal sciences and veterinary medicine, the book also poses questions for philosophers, sociologists, and public policymakers as well as animal owners, animal and biomedical researchers, and manufacturers and distributors of animal equipment and supplies. (shrink)

While philosophers have been debating for decades on whether different entities—including severely disabled human beings, embryos, animals, objects of nature, and even works of art—can legitimately be considered as having moral status, this question has gained a new dimension in the wake of artificial intelligence (AI). One of the more imminent concerns in the context of AI is that of the moral rights and status of social robots, such as robotic caregivers and artificial companions, that are built (...) to interact with human beings. In recent years, some approaches to moral consideration have been proposed that would include social robots as proper objects of moral concern, even though it seems unlikely that these machines are conscious beings. In the present paper, I argue against these approaches by advocating the “consciousness criterion,” which proposes phenomenal consciousness as a necessary condition for accrediting moral status. First, I explain why it is generally supposed that consciousness underlies the morally relevant properties (such as sentience) and then, I respond to some of the common objections against this view. Then, I examine three inclusive alternative approaches to moral consideration that could accommodate social robots and point out why they are ultimately implausible. Finally, I conclude that social robots should not be regarded as proper objects of moral concern unless and until they become capable of having conscious experience. While that does not entail that they should be excluded from our moral reasoning and decision-making altogether, it does suggest that humans do not owe direct moral duties to them. (shrink)

Neo-Humanist Luc Ferry (1995) has compared deep ecology's declarations of intrinsic value in nature to the Third Reich's nature protection laws, which prohibit maltreatment of animals having "worth in themselves." Ferry's questionable approach fails to document the relationship between Nazi environmentalism and Nazi racism. German high art and mass media historically presented nature as dualistic, and portrayed Untermenschen as unnatural or inorganic. Nazi propaganda excluded Jews from nature, and identified traditional Jews as cruel to animals. Ferry's idealization (...) of Humanism under reports the pervasiveness of anti-Semitism in European thought, including the French Enlightenment. © 1999 Elsevier Science Inc. (shrink)

Perlo's engagement with the complex and ambiguous relationship between Marxism (and, more broadly, the socialist traditions) and the moral status of animals is very much to be welcomed. This sort of engagement is valuable for three main reasons. First, the more narrowly focused social movement activitywhether committed to animal rights, social justice in the workplace, or advancement for womenis liable to cut itself off from critical insights created in the context of other movements. I became aware (...) of this, particularly during the 1980s in relation to radical green politics, as both deepening and widening the already existing socialist case against neo-liberal capitalism, just as the women's liberation movement had done a decade or more earlier. Second, this sort of analysis is valuable because without it "single-issue" movements run a serious risk of advancing the claims of their own preferred social group at the cost of (usually unknowingly and unintentionally) deepening the oppression or exploitation of other groups. Third, where radical social movements campaign for changes that conflict with the interests of wealthy and powerful interests, and are committed to democratic values, they need to be able to bring public opinion with them. Single-issue movements rarely can do this on their own: Broad-based coalitions are needed. Moreover, the sources of radical thought and the range of justified grievances are now so diverse that the notion of a single, unified political party as the centralized vehicle of change is no longer viable (if it ever was). So, the broadly based coalition has to be diverse and difference-respecting. But can it be this while still maintaining enough unity of purpose and coordination of its actions to be effective? ABSTRACT FROM AUTHOR Copyright of Society & Animals is the property of Brill Academic Publishers and its content may not be copied or emailed to multiple sites or posted to a listserv without the copyright holder's express written permission. However, users may print, download, or email articles for individual use. This abstract may be abridged. No warranty is given about the accuracy of the copy. Users should refer to the original published version of the material for the full abstract. (Copyright applies to alls); Perlo's engagement with the complex and ambiguous relationship between Marxism (and, more broadly, the socialist traditions) and the moral status of animals is very much to be welcomed. This sort of engagement is valuable for three main reasons. First, the more narrowly focused social movement activitywhether committed to animal rights, social justice in the workplace, or advancement for womenis liable to cut itself off from critical insights created in the context of other movements. I became aware of this, particularly during the 1980s in relation to radical green politics, as both deepening and widening the already existing socialist case against neo-liberal capitalism, just as the women's liberation movement had done a decade or more earlier. Second, this sort of analysis is valuable because without it "single-issue" movements run a serious risk of advancing the claims of their own preferred social group at the cost of (usually unknowingly and unintentionally) deepening the oppression or exploitation of other groups. Third, where radical social movements campaign for changes that conflict with the interests of wealthy and powerful interests, and are committed to democratic values, they need to be able to bring public opinion with them. Single-issue movements rarely can do this on their own: Broad-based coalitions are needed. Moreover, the sources of radical thought and the range of justified grievances are now so diverse that the notion of a single, unified political party as the centralized vehicle of change is no longer viable (if it ever was). So, the broadly based coalition has to be diverse and difference-respecting. But can it be this while still maintaining enough unity of purpose and coordination of its actions to be effective? ABSTRACT FROM AUTHOR Copyright of Society & Animals is the property of Brill Academic Publishers and its content may not be copied or emailed to multiple sites or posted to a listserv without the copyright holder's express written permission. However, users may print, download, or email articles for individual use. This abstract may be abridged. No warranty is given about the accuracy of the copy. Users should refer to the original published version of the material for the full abstract. (Copyright applies to all Abstracts). (shrink)

In lieu of an abstract, here is a brief excerpt of the content:Ethics & the Environment 7.1 (2002) 147-153 [Access article in PDF] Book Review Rattling the Cage: Toward Legal Rights for Animals Rattling the Cage: Toward Legal Rights for Animals Steven M. Wise. Foreward by Jane Goodall. Cambridge, Mass.: Perseus Books, 2000. pp. 384. US $17.50. ISBN 0-7382-0437-4 (Paperback) "Ancient philosophers claimed that all nonhuman animals had been designed and placed on this earth just for human (...) beings. Ancient jurists declared that law had been created just for human beings. Although philosophy and science have long since recanted, the law has not." Steven M. Wise, Rattling the Cage, p. 4. Readers of this journal are well-versed in the myriad ways in which nonhuman animals are harmfully exploited at the hands of human beings—from battery hens and veal calves to mass-produced pigs; from Pennsylvania pigeon shoots to canned hunts on Texas ranches; from rodeos to roadside zoos; from LD-50 toxicity tests on rats and Draize eye tests on rabbits to head trauma and infectious disease experimentation on primates. Despite other sticking points, it is by now uncontroversial among [End Page 147] nonanthropocentric theorists that, in utilitarian terms, the benefits to humans of the above practices fall far short of justifying the harms they cause to their nonhuman victims or, in deontological terms, that they violate the rights of creatures with inherent value. Indeed, these arguments are so well-rehearsed and so widely regarded as compelling that it no longer seems particularly bold to predict that if reason ever prevails over tradition and prejudice, the future will look back on this generation's treatment of our fellow creatures with the same kind of shame and condemnation with which European Americans regard our slaveholding past.More sobering but equally familiar is the observation that decisive arguments for the gross immorality of existing practices will bring about neither their elimination nor significant reform as long as the presumed legitimacy of human exploitation of nonhuman beings remains entrenched in both popular consciousness and economic, political, and legal institutions. In the interests of chipping away at popular apathy, academics should no doubt go on repeating the well-worn arguments against speciesism in classrooms, popular venues, and professional research. But in a world structured far more directly by the interests of a powerful few than by the values of the many, this consciousness-raising strategy properly plays at most a supporting role to the even more vital project of challenging and ultimately restructuring the institutions that sanction and carry out these injustices. In short, what nonhuman animals need from ethically sensitive intellectuals is not just rational argument, but effective legal and political action.One of the main institutional obstacles to progress in this area is undoubtedly the legal relegation of animals to property status—which is why Steve M. Wise's Rattling the Cage: Toward Legal Rights for Animals is such an important book. Wise teaches animal rights law at Harvard, Vermont, and John Marshall Law Schools and has spent more than twenty years fighting for animals in the legal system; his book displays the bittersweet fruit of that experience. The tenor throughout is a mixture of conviction in the justice of his cause—which cannot but sustain a vision of its eventual success—together with the frustration and determined patience borne from decades of butting up against an utterly implacable wall. An eloquent foreword by Jane Goodall, together with Wise's own harrowing first chapter, describe the nightmarish existences imposed on our nearest nonhuman relatives, the chimpanzees and bonobos, for the sake of science, entertainment, and profit—nightmares enabled by a legal system that [End Page 148] treats all nonhumans as mere things. An engaging storyteller with a synthetic conception of the history of ideas, Wise unearths the origins of this conception of animals in the Great Chain of Being, demonstrates its defeat by Darwinian science, and builds piece by piece a case—drawing heavily on research into animal consciousness—for extending legal rights at least to chimpanzees and bonobos.The substantive theses of this case are, first, that the denial of... (shrink)

Judgments concerning animals have arisen across a variety of established practice areas. There is, however, no publicly available repository of judgments concerning the emerging practice area of animal protection law. This has hindered the identification of individual animal protection law judgments and comprehension of the scale of animal protection law made by courts. Thus, we detail the creation of an initial animal protection law repository using natural language processing and machine learning techniques. This involved domain (...) expert classification of 500 judgments according to whether or not they were concerned with animal protection law. 400 of these judgments were used to train various models, each of which was used to predict the classification of the remaining 100 judgments. The predictions of each model were superior to a baseline measure intended to mimic current searching practice, with the best performing model being a support vector machine (SVM) approach that classified judgments according to term frequency—inverse document frequency (TF-IDF) values. Investigation of this model consisted of considering its most influential features and conducting an error analysis of all incorrectly predicted judgments. This showed the features indicative of animal protection law judgments to include terms such as ‘welfare’, ‘hunt’ and ‘cull’, and that incorrectly predicted judgments were often deemed marginal decisions by the domain expert. The TF-IDF SVM was then used to classify non-labelled judgments, resulting in an initial animal protection law repository. Inspection of this repository suggested that there were 175 animal protection judgments between January 2000 and December 2020 from the Privy Council, House of Lords, Supreme Court and upper England and Wales courts. (shrink)

This paper addresses the issue of the legal status of non-human animals and the possibility of changing it from the status of things or property to the status of non-things, or better, sentient beings. Key arguments for the change of their status are discussed, including the argument from marginal cases, as well as scientific evidence indicating that many animals are sentient beings. Two ways of initiating such changes seem most promising: legislation, (...) i.e. modification of the civil codes, and litigation, i.e. filing lawsuits on behalf of individual animals. It is argued that legislative changes are necessary for moving animals out of the legal category of things and into the category of sentient beings that can bear rights. On the other hand, litigation could bring about more radical change of the legal status of some animals. (shrink)

Is there something distinctive about humanity that justifies the idea that humans have moral status while non-humans do not? Providing an answer to this question has become increasingly important among philosophers as well as those outside of philosophy who are interested in our treatment of non-human animals. For some, answering this question will enable us to better understand the nature of human beings and the proper scope of our moral obligations. Some argue that there is an answer that (...) can distinguish humans from the rest of the natural world. Many of those who accept this answer are interested in justifying certain human practices towards non-humans—practices that cause pain, discomfort, suffering, and death. This latter group expects that in answering the question in a particular way, humans will be justified in granting moral consideration to other humans that is neither required nor justified when considering non-human animals. In contrast to this view, an increasing number of philosophers have argued that while humans are different in a variety of ways from each other and other animals, these differences do not provide a philosophical defense for denying non-human animals moral consideration. What the basis of moral consideration is and what it amounts to has been the source of much disagreement. (shrink)

In lieu of an abstract, here is a brief excerpt of the content:Hume Studies Volume 32, Number 1, April 2006, pp. 113-117 How Wide Is Hume's Circle? (A question raised by the exchange between Erin I. Kelly and Louis E. Loeb, Hume Studies, November 2004) ANNETTE C. BAIER Hume's version, in An Enquiry concerning the Principles of Morals, section 9,2 of the viewpoint from which moral assessments are made, and from which traits are recognized as virtues or vices, (...) is that it is one which activates a "universal principle of the human frame," the "principle of humanity." It displays "the force of many sympathies," and depends upon our possession of "some propensity to the good of mankind" (EPM 5.39; SBN 226). Does this represent a revision, on Hume's part, of his Treatise claim that sympathy with a person's "narrow circle" is what enables us to judge that person's moral goodness? A humanity-wide circle is scarcely "narrow," even if it is not wide enough for those who see our treatment of animals as relevant to our moral merit or demerit. The claim about sympathy with the narrow circle is made in the Treatise section "Of goodness and benevolence."3 It has recently been assuming the status of a definition of the Humean moral point of view, in some commentators' writings.4 If it had been so intended, then there would indeed be a revision in EPM, where there is no mention of narrow circles, merely two footnotes, 22 and 25, to the section "Why utility pleases," concerning the wisdom of confining our efforts to do good to those close to us, lest our efforts be "dissipated or lost for want of a properly limited object." But in fact Hume never claimed that sympathy with a Annette Baier formerly taught in the Department of Philosophy at the University of Pittsburgh, and is now retired. Email: [email protected]. 114 Annette C. Baier person's narrow circle was enough to enable us to recognize her bravery, her proper pride, her prudence, her good judgement, her wit, her integrity, her "justice" or her allegiance to lawful magistrates. It is needed only to judge her "goodness and benevolence. " (I take it that the title, "Of goodness and benevolence," is pleonastic, that the varieties of benevolence exhaust "goodness.") Just as benevolence is not the whole of virtue, for Hume, nor is "goodness." The section in which he uses the phrase, "narrow circle," begins with an explicit limitation of what is there to be discussed: "Having thus explained that praise and approbation for everything we call great in human affections, we now proceed to give an account of their goodness..." (T 3.3.3.1; SBN 602). "Good" is not, for Hume, the most general term of moral approbation. Just as we can judge some to be "too intrepid" (an ingredient in "greatness of mind"), so we can judge some to be "too good" (EPM 7.22; SBN 259). Hume's most general terms of approbation are "meritorious" and "estimable." He uses "good" in a restricted sense, for a person's possession of the group of virtues that come under "benevolence." In the Treatise 3.3.3.15 (SBN 581-82), he speaks not of one moral point of view, but of "steady and generalpoinrs of view" (my emphasis), and it is possible, indeed plausible, that sympathy with circles of different widths will be needed to recognize different virtues and groups of virtues. For some, such as justice, "extensive sympathy" (T 3.3.1.23; SBN 586) is needed. For others, such as affability, and other aspects of "goodness," we sympathize with the effects of the person's character on a less extensive circle. A good person is affable, generous, and kind, does well as friend, as parent, as neighbor, as colleague, as employer. She does considerate and helpful things to those she encounters, both those close to her, friends, family, and work-mates, and also to those to whom she is not so close, such as the needy in her own community, to whom she may give employment, or charity. Hume uses other phrases in Treatise 3.3 which are sometimes taken to refer to the same... (shrink)

Murdering Animals confronts the speciesism underlying the disparate social censures of homicide and “theriocide”, and as such, is a plea to take animal rights seriously. Its substantive topics include the criminal prosecution and execution of justiciable animals in early modern Europe; images of hunters put on trial by their prey in the upside-down world of the Dutch Golden Age; the artist William Hogarth’s patriotic depictions of animals in 18th Century London; and the playwright J.M. Synge’s (...) representation of parricide in fin de siècle Ireland. Combining insights from intellectual history, the history of the fine and performing arts, and what is known about today’s invisibilised sites of animal killing, Murdering Animals inevitably asks: should theriocide be considered murder? With its strong multi- and interdisciplinary approach, this work of collaboration will appeal to scholars of social and species justice in animal studies, criminology, sociology and law. (shrink)

As Colin Allen has argued, discussions between science and ethics about the mentality and moral status of nonhuman animals often stall on account of the fact that the properties that ethics presents as evidence of animal mentality and moral status, namely consciousness and sentience, are not observable “scientifically respectable” properties. In order to further discussion between science and ethics, it seems, therefore, that we need to identify properties that would satisfy both domains.In this article I examine (...) the mentality and moral status of nonhuman animals from the perspective of neuroethics. By adopting this perspective, we can see how advances in neuroimaging regarding research into the neurobiology of pain, “brain reading,” and the minimally conscious state may enable us to identify properties that help bridge the gap between science and ethics, and hence help further the debate about the mentality and moral status of nonhuman animals. (shrink)

A focus on the lawmaking process, I submit, permits us to explore a particular dimension of justice, namely the relationship between law and liberty. Laws that reflect the arbitrary whims of the lawmaker are presumptively unjust, because they constrain liberty for no good reason. A strategy for making arbitrary laws less likely involves recognizing checks on the lawmaker's powers and grounding those checks in processes that allow the governed to express their disapproval. The system of checks and balances employed in (...) the U.S. Constitution embodies this strategy, although reasonable people can debate its efficacy. As A.O. Hirschman observed, regimes that permit free movement of persons and property similarly restrict the force of arbitrary rules by allowing exit from unwanted restrictions. I want to inquire into the role of checks in international lawmaking. At first blush, it might appear that the fundamental principle of state consent provides all the checking that international lawmaking needs. This principle maintains that a state (and by extension, its subjects) can be bound by a rule of international law only if that state manifests its consent to the rule. As long as states have a real choice, itself subject to internal checks on official decisionmaking, the adoption of the rule should meet basic criteria of procedural justice. Indeed, the correlate of this principle—that each state has a veto over the adoption of international law, at least as applied to itself and its subjects—suggests that international lawmaking poses less of a threat to liberty than do conventional municipal lawmaking processes based on majority rule. One might think that, as a result of this principle, no rule will attain the status of international law unless its adoption makes some states better off and no state worse off. This first impression, however, is wrong. First, international lawyers argue for the existence of jus cogens norms that apply regardless of state consent. Second, the concept of state consent is artful, and opportunistic decisionmakers have some freedom to construe consent in ways that circumvent conventional checking processes. Third, political and economic coercion can reduce state consent to a meaningless formality. I discuss each of these points in turn. Once state consent ceases to constrain international lawmaking, the question role of alternative checks to protect liberty looms. Under what circumstances does the international lawmaking process as currently constituted present a threat of arbitrary force? What kinds of resistance to the results of international lawmaking can process values justify? I address these questions in three steps. First, I explore whether international law does carry a threat of coercion. If not, concerns about arbitrary restrictions of liberty are misplaced. Second, I discuss the problems arising from delegations of lawmaking authority to international institutions, with specific reference to the Rome Statute and the International Criminal Court. Third, I discuss the process-value issues associated with judicial lawmaking. None of these concerns justifies blanket opposition to international lawmaking. Rather, those interested in making and enforcing international rules need to grapple with these issues and provide another layer of justification for their efforts. a Footnotesa I am indebted to Ken Abbott, Jean Cohen, Larry Helfer, Robert Hockett, Sean Murphy, Phil Nichols, Ed Swaine, Joel Trachtman, the other contributors to this volume, and participants in a workshop at the University of Virginia School of Law for comments and criticism. Shortcomings are mine alone. (shrink)

When the human understanding of beasts in the past is studied, what are revealed is not only the foundations of our own perception of animals, but humans contemplating their own status. This book argues that what is revealed in a wide range of writing from the early modern period is a recurring attempt to separate the human from the beast. Looking at the representation of the animal in the law, religious writings, literary representation, science and (...) political ideas, what emerges is a sense of the fragility of humanity, a sense of a species which always requires an external addition--property, civilization, education--to be fully human. (shrink)

continent. 1.3 (2011): 201-207. “Poetry is experience, linked to a vital approach, to a movement which is accomplished in the serious, purposeful course of life. In order to write a single line, one must have exhausted life.” —Maurice Blanchot (1982, 89) Nikos Karouzos had a communist teacher for a father and an orthodox priest for a grandfather. From his four years up to his high school graduation he was incessantly educated, reading the entire private library of his granddad, comprising (...) mainly the Orthodox Church Fathers and the ancient classics. Later on in his life he sold the library for money, only to buy a little more time before he went broke again: “I carry sorrow like a cage/ I got no birds/ as I come back from her hair/ I see the profit emptied/ cool from terror.” (1993, Ι, 101) Nowadays—and ridiculously recently—we are more than apt to speak of a certain insouciance pertaining to the Greek form of expenditure: expenditure without any type of investment, sometimes not (even) symbolic. In the vaults of the European unconscious, this imprudent stance still conjures a “capital punishment” in the form of de-capitation, reflecting back the fear of excess and the terror of its consequences.1 Thus the Greek way of living is very close to what a stranger could have termed as “the Greek way of dying.” Yet, what is not often understood is that the Greek esprit , the same one that invented the maxim μηδ?ν ?γαν (“nothing in excess”), does not experience death solely as an imminent fear of bankruptcy. For it miraculously combines its unconditional acceptance with the promise of a resurrection that is always there in the scents of Spring, from Dionysus to the orthodox Christ: “Everyone resurrects himself through dying [….] Resurrection is the switching of mortalities.” (2002, 94) Hence, if an entire library was imprudently traded for a plate with seven olives, a sliced tomato and some fresh goat cheese, let us not be fooled: this is not the meal of the pauper, but that of “an aristocrat from God” (1993, II, 491) feeding his eloquent loudmouth, ridiculously cut open in an otherwise rock-solid caput . *** To speak of the Greek experience is to speak about a half-dead language that still utters in life what is seemingly excluded from it and thus forbidden to be talked about: death. Death as anything that is out of this world, as something that will never return . Still, along with an experience of death that recently waned as a worn-out academic fashion, the Greek experience is dead too. Nearly 2300 years of written words separating Homer from the fall of Byzantium equal 500 books on a library traded for money: “I am with the killed. Hence my deepest solitude. I do not feel this tremendous macho society, beyond from the fact that it is a ruthlessly consuming one. It is me who pays all the time .” (2002, 57) Let us do the math and see how much this dealing with the Greek experience is costing the poet and how much dealing with the Greek experience might cost us today. *** “I do not guarantee a single word.” (Karouzos, 1993, II, 454) Through its various dialects and forms, the Greek language speaks through an incessant historical dissemination. Anyone who is aware of this terrifying polymorphy and still calls himself a poet, must stand against a white sheet of paper, pen-in-hand, with a very particular duty: to be as fully inconsistent as possible. In the formally ironic uniqueness of the poem, the poet functions as “a band-aid for lesser and greater antinomies.” (1993, I, 251) Of course these antinomies are not exhausted in language—they are historical, political and, alas, existential. Yet, beyond appearances , it is language that ruthlessly encodes them through history, submitting the poet to the temptation of placing them one next to the other on a single white sheet. The closer their neighboring, the greater the scattering of the writer in the ironic uniqueness of the paper. In a work where poetic license is described as a “freedom-impasse” (2002, 51), this task is undertaken in full conscience of its personal consequences: “what I am interested in is to escape my individuality (envisioning the non-ego) […] Nevertheless, my dissociations never achieve duration.” (2002, 74-75) Hence, though poetry is the “deserted direction of will,” (1998, 62) the stance of the poet is not that of a Nietzschean “great man.”2 Whereas drunkenness provides a thread between the poem and the excess it both presupposes and infuses (“Poetry always enlarges. ‘Drunkenness’ is nothing more than that,” (2002, 85)), whereas language flashes in loudmouth spurts of déraison (“When I am alone I do something else. I utter words. For example, while having my ouzo and listening to music I am most likely capable of randomly shouting ‘Electricity!’” (2002, 138)), the poet never gives in to the double affirmation that would eventually risk the “element of pleasure in discourse.” (2002, 80)” It is exactly because the gap of the antinomies is so vast that poetry is not meant to be written with a hammer. Neither does writing consist in a reevaluation of those elements. In short, poetry is not an affirmation of difference, but the surprising beauty of chiming antinomies. We might never transcend them, but it is up to us to put them together. Yet again, this voisinage is not to be identified with the necessity of chance as an eternal return.4 On the contrary it is a return from that very return : Let us treat Yes as a No to No and No as a Yes […] And let us not forget that this pissed affirmation crumbled down Nietzsche’s intellect in the dark paths of this world. (2002, 88) This return from the “vicious circle” should in no way be taken as a form of artistic prudence. Rather it can be seen as a dribble of demonic inconsistency as Dionysus transforms himself into a Christ that is in turn de-theologized: “Who can forbid that? Every man is capable of his own theology, nothing can stop him.” (2002, 73-74) This is a turn towards an existential vision of the world, historically coinciding with a particular political defeat of the Left, to which the poet devoted all his life: after the defeat of the popular front I raised the question “why do we exist?” while others were asking “why we failed.” (2002, 57)5 But most of all it is a return to poetry that exceeds the existential question itself, going beyond the issue of faith. Poetry comes in as a question of return after a defeat that is confessed in full profanity. Though it accepts the necessity of the defeat, it does not affirm it. Though it negates it, the negation is not in the name of a promise to be delivered in the kingdom of heavens. Following a historical and existential defeat, poetry is born post mortem . It signals a return to Christ as “groundless religiousness in the surprise of the real as such” (2002, 72) which is at once a return to the refuge of childhood. It is not a question of endurance towards an eternal return. Rather it is a question on the possibility of an existential return. Returning in a world as someone who cannot enjoy any returns exactly because he is averse to guarantees. A return without returns. *** PHOTOCOPY OF HAPPINESS When I was young I used to pin down cicadas and step on ant nests. I used to stand there silent for hours. With threads I decapitated bees. Now I am a dead man breathing. (Karouzos, 1993, II, 336.) The return to the “paradise of childhood” (2002, 68) constitutes the devouring refuge of its own memory when defeat becomes the synonym of adulthood. The political struggles of a young communist in a country torn up by a civil war right after World War II fraught with incarcerations and exiles. Historically they resulted in the defeat of the communist movement in Greece and opened up a long turbulent road that would peak in the dictatorship of 1967. Existentially they led to a series of disillusionments: mental breakdown, divorce, abandonment of studies in law school. To the question “why do we exist” the answer was poetry. Still this exposé should not be read as a sweeping chronography of a man. For it actually happens to coincide with the historical fate of a nation that after its modern constitution never stopped dreaming of the glories of its past youth, in a present that was (and is) sweepingly disappointing. But isn’t this return to youth finally a way of compensating for a loss of youth that necessarily results in a losing adulthood? Will Greeks, the eternal children of Plato and Nietzsche, ever learn? How to return without dying, how to remember without wasting time? WE ARE IN THE OPEN MEANING Living the coldest mauve night right across Parthenon I went to take a piss on some foliage and I was enjoying the foliage as it was steaming. (Karouzos, 1993, II, 340) Beyond the historical tragedies of modern Greece and away from any personal disappointments, the relation that this land holds with language and history is mediated through the Greek light—whose omnipresence is the very condition of its transcendence. All historical contradictions from Dionysus to Christ took place under this light; all those disseminated dialects were spoken beneath its warmth. To paraphrase Lévinas,6 light is both the condition of the world and of our withdrawal from it—a withdrawal towards the invisibility of God, of the dead, of meta-physics, resulting from the temptation that all is still here, behind this light the visibility of which they once evaded: “birds, the allurement of God.” (1993, I, 17) Under that luminous sky, if Greeks can do anything at all, it is to envision a return that will never come. All they can do is write poetry—which is doing nothing; other than lending an ear to a disseminated language whispering a unity that cannot be promised, as an adulthood in defeat is ready to recognize. Trying “to trap the invisible in visibility” (1993, II, 483) they forget that they have grown up and one day they die—with the promise of return. Hence an additional meaning must be given to this return to childhood. It does not signal salvation but rather its promise. To the ears of an aged continent it means that the return to/of poetry is a losing game, a return without returns. “Europe, Europe… you are nothing more than the continuation of Barabbas.” (1993, I, 295) *** “Life is not there to verify theories.”7 The records show that Karouzos was finally given a second-class pension from the Greek government, at the time when he was being recognized by the literary press as one of Greece’s major contemporary poets. Being neither a bourgeois nor a nobelist, he proclaimed himself to be an anarcho-communist, unconditionally faithful to the utopia of a classless society. He also drank, heavily. “Capitalism made an animal out of man/ Marxism made an animal out of truth/ Shut up.” (1993, II, 369) Perhaps one of the most scandalous divides of our times has been the one between the living and the dead, the latent prohibition that the living should not be concerned with the dead based on the mere impossibility of the dead to be concerned with the living in the first place. What adds to this scandal is that this divide abuses anything that cannot return to us by subsuming it under the same futility. Hence death is no longer “loss” in the usual sense. It no more refers to the things we lost but to our “loss” (of time, money and well-being) as we insist to dwell on them. Death is a waste —of time. It is this waste that we find in the insouciance of Greek expenditure; the waste in dealing with a language that most of its historical part is no longer spoken (a dead language); the waste in translating a poet who is ex definitio untranslatable; the waste of his vision, his money, his life. The waste of dealing with anything that cannot return and that cannot bring in any returns . But it is also the waste of life that poetry itself presupposes, the waste of dealing with invisibility, with anything that is out of this world and thus invokes the fear of death that is in turn—and surprisingly— nowhere to be found. Instead of death, what is there, beyond the light, is the being without us (to recall the Lévinasian il y a ), the mumble of our own nothingness which constitutes the price to be paid for writing poetry under an evergreek light. To understand this to-and-fro, is to realize that poetry is something out of this world that nevertheless takes place in this world, by virtue of this world. But to ridiculously equate this to-and-fro with death as non-existence, is to exile poetry along with its own possibility from this same old world: I do not believe that poetry will ever disappear from this world. […] But I am also sure that it does not have many chances of playing, as you say, a redemptive role in our vertiginous technological future. Without being endangered as a creative need, it will be placed on the side of history. (2002, 32) It is mainly there that we would like to locate the meaning of Nikos Karouzos’s poetry today. If we are willing to include the Greek original it is because we consider that it will be both a waste of time for us to do so (since most of you cannot read Greek) and because it might induce you to the even larger waste of learning it. We would additionally be glad if this small introduction served as an equally wasteful, academically useless piece of reading, gesturing towards a taboo of investing in anything Greek—that is in anything dead among the living, in anything that will never come back and maybe was never here in the first place. This is the only way to reserve for ourselves the possibility of poetry and preserve the light of its promise. “To return: that is the miracle.” (1993, I, 17) Athens, Greece July 10, 2011 NOTES 1 “ Capitale (a Late Latin word based on caput “head”) emerged in the twelfth to thirteenth centuries in the sense of funds, stock of merchandise, sum of money or money carrying interest.[…] The word and the reality it stood for appear in the sermons of St. Bernardino of Siena (1380-1444) ‘… quamdam seminalem rationem lucrosi quam communiter capitale vocamus ’, ‘that prolific cause of wealth that we commonly call capital’” (Braudel, 1992, 232-233). 2 “A great man – a man whom nature has constructed and invented in the grand style – what is he? First : there is a long logic in all of his activity, hard to survey because of its length, and consequently misleading; he has the ability to extend his will across great stretches of his life and to despise and reject everything petty about him, including even the fairest, ‘divinest’ things in the world.” (Nietzsche, 1968, 505, §962) 3 Cf. Deleuze, 1986, 186-9. 4 “Return is the being of becoming, the unity of multiplicity, the necessity of chance: the being of difference as such or the eternal return.” (Deleuze, 189)5 In this 1982 interview Karouzos refers to the defeat of the communist movement in Greece after the civil war of 1946-1949 between the Governmental Army and the Democratic Army of Greece, the military division of the Greek communist party. Karouzos’s father was a member of the communist National Liberation front (EAM) members of which formed the mainl resistance movement (ELAS) in Greece during WWII. The poet was a member of the United Panhellenic Organization of Youth (EPON), which was a youth division of EAM. After the end of the war, ELAS was called to disarmament in view of the formation of a National Army. The members of EAM resigned from the government of national unity and a series of protests led to a 3 year civil war between ELAS and the Government Army. After the defeat of ELAS the Communist party was outlawed and many communists were exiled in deserted Greek islands. Karouzos, who took action in the Greek resistance and was active during the Greek civil war, was exiled in Icaria on 1947 and in Makronisos on 1953 where he was called two years earlier to do his military service. 6 “Existence in the world qua light, which makes desire possible, is then, in the midst of being, the possibility of detaching oneself from being. To enter into being is to link up with objects; it is in effect a bond that is already tainted with nullity. It is already to escape anonymity. In this world where everything seems to affirm our solidarity with the totality of existence, where we are caught up in the gears of a universal mechanism, our first feeling, our ineradicable illusion, is a feeling or illusion of freedom. To be in the world is this hesitation, this interval in existing, which we have seen in the analyses of fatigue and the present.” (Lévinas, 1988,43-4) 7from a TV interview. THE POETRY OF NIKOS KAROUZOS From Redwriter [ Ερυθρογρ?φος ], in Collected Works, Vol . II, Athens: Ikaros. 1993, 463-4. [Athens: Apopeira, 1990, 9-10.] JESUS ANTI-OEDIPUS* Why were we once saving till the fifth day the Paschal lamb? The scriptures say: with this victim’s meat we ought to cleanse all of our senses. To give life to the whitest wave miraculous odors in the extension of the chest. Ideals to death. For us to witness the illustrious dawns of Absinthe and for the soul to be a deeply carved ornament on the fore we named will. Then many deer running amidst the evergreen growth with watery hymns, then, the unintended angels descending with heights spiraling in their momentum offer themselves to the luminous Adventure. Whence the need for speech and our sufferings covered with flags like the glorified dead. An incorporeal finger pointing at the flamboyant and fragrant holocausts within the tired horizons and the exhausted breadths with joys of the mistletoe on fire and shivering all of the green-leaved love. Something would have chirped again had we not driven it away— maybe the ewe’s grass. Something would have called us to the eternal resurrection— maybe the grace of spring. But now our heart is fiercely blinded, withdrawn to the appearances of Hades. Silence and ice incessantly cover the Infant Spirit in thatched times. While the cherry trees are dreaming faintly glowing in absolute darkness there’s nothing the Babylonians can contemplate in labs with automatic colored lights. How to rejoice now in the fifth day of the lamb? We have forked the stars. We’ve gradually become supposedly sublime with plucked chimeras in our hands. Avenged relentlessly by science. *Though the poem appears in a 1990 collection, it was actually written in 1968. Hence the reader must be aware in not associating Karouzos’ Anti-Oedipus with the famous 1972 work of Deleuze and Guattari, given that the former precedes the latter. ΙΗΣΟΥΣ ΑΝΤΙ-ΟΙΔΙΠΟΥΣ Γιατ? κρατο?σαμε κ?ποτε ?ς την π?μπτη μ?ρα το πασχαλιν? πρ?βατο; Τα κε?μενα λ?νε: μ’ αυτο? του θ?ματος το κρ?ας ?πρεπε να καθαρ?σουμε ?λες τις αισθ?σεις. Για να δ?σουμε κ?μα στη ζω? λευκ?τατο θαυμ?σιες ευωδι?ς στην ?κταση του στ?θους. Ιδανικ? στο χ?ρο. Για να βλ?πουμε τα λαμπρ? χαρ?ματα του ?ψινθου και να ’ναι η ψυχ? στ?λισμα βαθυχ?ρακτο της πλ?ρης που την ε?παμε θ?ληση. Τ?τε πολλ?ς δορκ?δες τρ?χοντας αν?μεσα στην καταπρ?σινη φ?ση με τους υδ?τινους ?μνους, τ?τε, κατεβα?νοντας οι αθ?λητοι ?γγελοι με κυλινδο?μενο το ?ψος στην ορμ? τους χαρ?ζονται της αστραφτερ?ς Περιπ?τειας. ?θεν η μιλι? γι’ αυτ? χρει?ζεται και τα δειν? σκεπ?ζονται ωσ?ν τους τιμημ?νους νεκρο?ς με σημα?ες. Ασ?ματο δ?χτυλο δε?χνει τα φλογ?δη και μοσχοβ?λα ολοκαυτ?ματα στους κουρασμ?νους ορ?ζοντες στα εξουθενωμ?να πλ?τη καθ?ς αν?βουν οι χαρ?ς του νερα?δ?ξυλου και τρ?μει ολ?κληρη η πρασιν?φυλλη αγ?πη. Κ?τι θα κελαηδο?σε π?λι αν δεν το δι?χναμε— μπορε? της προβατ?νας το χορτ?ρι. Κ?τι θα μας καλο?σε στην απ?ραντη αν?σταση— μπορε? του ?αρος η χ?ρη. Μα η καρδι? μας ?γρια τυφλ?θηκε π?ρασε στα φαιν?μενα του ?δη. Σιγ? και π?γος αδι?κοπα σκεπ?ζει στους αχυρ?νιους καιρο?ς το Ν?πιο Πνε?μα. Την ?ρα που ονειρε?ονται οι βυσσινι?ς και λ?μπουν αμυδρ? μεσ’ στο απλ?τατο σκοτ?δι τ?ποτα δε στοχ?ζονται οι βαβυλ?νιοι στα εργαστ?ρια με τ’ αυτ?ματα χρωματιστ? φ?τα. Π?ς να χαρο?με πια την π?μπτη μ?ρα του προβ?του; Φουρκ?σαμε τ’ αστ?ρια. Γ?ναμε σιγ?-σιγ? δ?θεν υπ?ροχοι με μαδημ?νες χ?μαιρες στα χ?ρια. Μας ν?μεται σκληρ? η επιστ?μη. From: Redwriter [Ερυθρογρ?φος], in Collected Works, Vol. II, Athens: Ikaros. 1993, 472. [Athens: Apopeira, 1990, 18.] DIALECTΙCS OF SPRING Christ the straight angle; Christ the Pythagorean theorem. Christ the infinitesimal calculus from above the blessed Sets Christ. Christ the tessellation of massive particles Christ the zero mass. Hence we spray numbers and fields of lust. We are carabineers of diseased logic plus something— Observed means observer and Hekate The darkness luminous and light in the dark Astarte banqueters demons from today. ΔΙΑΛΕΚΤΙΚΗ ΤΟΥ ΕΑΡΟΣ Χριστ?ς η ορθ? γων?α· Χριστ?ς το πυθαγ?ριο θε?ρημα. Χριστ?ς ο απειροστικ?ς λογισμ?ς ?νωθεν ?λβια Χριστ?ς τα Σ?νολα. Χριστ?ς η ψηφιδογραφ?α στα μαζικ? σωμ?τια Χριστ?ς η μ?ζα μηδ?ν. ?ρα ψεκ?ζουμε αριθμο?ς και πεδ?α λαγνε?ας. Ε?μαστε τυφεκιοφ?ροι νοσο?σης λογικ?ς και κ?τι-- παρατηρο?μενο σημα?νει παρατηρητ?ς και Εκ?τη σκ?τος το π?μφωτο και φως εν τ? σκοτ?? η Αστ?ρτη συνδαιτημ?νες δα?μονες απ’ ?ρτι. From: Redwriter [Ερυθρογρ?φος], Athens: Apopeira, 1990, 18. [1993, II, 472]. CREDO (as we are used to say in Latin) Α I believe in one Poet expelled from heavens / fugitive from the god and vagabond, Empedocles / and here on earth / exile on the earth etc. of Baudelaire /. Β I believe in one Computer inside thunder and through matter. Γ Suffering undefiled / substantive / the Poet uplifts himself slow-burning suicidal implying lengthy sleeps. Δ Cutting down on prospective mistakes. Ε Of all things visible and invisible officiating the onion-peelings. Ζ The Poet has nothing / see the departed /. Η I believe in one Poet that says: madness I enjoy; he ridicules existence; let me light up from my mana. Θ Syntax he doesn’t care about when musicality commands him. Along with still more licenses, and Ts are played according to the concept sound anywhere. E.g. the winters here, he winters there; it will not come—I will not rest, etc. etc. Ι The Poet exercises thought until it’s stripped down. Κ And if he’s Greek he must always study the fineness of Attica, in light, mountains, fields and sea. For this fineness teaches language. Λ And if he’s deeply destined the Poet expresses the unexplainable of the explained; he happens to be a rightful heir to the scientist and his predecessor. Μ On the froth he does not last; the Poet blusters at the bottom of the pot. Ν Flamebred and never redeemed. Ξ The Poet must sometimes say: what a consumption of presence — be a bit lonely for a change! Ο The Poet is twilit. Π He is susceptible of deaths and resurrections. Ρ He looks from the corner of his eye and exists in a glance. Σ He follows behind the mother. Τ Eveningless when it comes to age. Υ I believe in one Poet who says: let the purities coincide. Until the Corinth of the Universe or even further. Φ In a higher despair. Χ In a brighter quintessence. Ψ In one sensation that lifts off. Ω Forgiving everyone. CREDO (ως ε?θισται να λ?με λατινιστ?) Α Πιστε?ω εις ?να Ποιητ?ν εκτ?ς ουρανο? / φυγ?ς θε?θεν και αλ?της, Εμπεδοκλ?ς / και επ? της γης / εξ?ριστος π?νω στη γη κ.λπ. του Βωδελα?ρου /. Β Πιστε?ω εις ?να Υπολογιστ?ν εντ?ς κεραυνο? και δια της ?λης. Γ Υποφ?ροντας ?χραντα / ουσιαστικ?ν / ο Ποιητ?ς ανατε?νεται βραδυφλεγ?ς αυτ?χειρας εξυπακο?οντας πολ?ωρους ?πνους. Δ Τα υποψ?φια λ?θη λιγοστε?οντας. Ε Ορατ?ν τε π?ντων και αορ?των ιερουργ?ντας την αποκρομμ?ωση. Ζ Ο Ποιτ?ς ?χει τ?ποτα / βλ?πε τους αναχωρ?σαντες /. Η Πιστε?ω εις ?να Ποιητ?ν που λ?ει: η τρ?λα μ’ αρ?σει· γελοιοποιε? την ?παρξη· ας αν?ψω απ’ τη μ?να μου. Θ Συνταχτικ? δεν το γνοι?ζεται στην προσταγ? της μουσικ?τητας. Μαζ? και μ’ ?λλες ακ?μη λευτερι?ς, και τα νυ πα?ζονται κατ? την ?ννοια ?χος οπουδ?ποτε. Π.χ. τον χειμ?να εδ?, το χειμ?να εκε?· δε θ? ’ρθει – δεν θα καταλαγι?σουμε, κ. λπ. κ.λπ. Ι Ο Ποιητ?ς γυμν?ζει τη σκ?ψη σε απογ?μνωση. Κ Κι αν ε?ναι ?λληνας οφε?λει να σπουδ?ζει π?ντοτε της Αττικ?ς τη λεπτ?τητα, σε φως, βουν?, χωρ?φια και θ?λασσα. Διδ?σκει γλ?σσα η λεπτ?τητα το?τη. Λ Κι αν ε?ναι βαθι? πεπρωμ?νος ο Ποιητ?ς εκφρ?ζει το ανεξ?γητο του εξηγητο?· τυγχ?νει ν?μιμος δι?δοχος του επιστ?μονα και προκ?τοχ?ς του. Μ Στον αφρ? δεν ?χει δι?ρκεια· στο πατοκ?ζανο μα?νεται ο Ποιητ?ς. Ν Φλογοδ?αιτος και ποτ? ξελυτρωμ?νος. Ξ Ο Ποιητ?ς κ?ποτε πρ?πει να λ?ει: μεγ?λη καταν?λωση παρουσ?ας – γενε?τε και λ?γο μοναξι?ρηδες! Ο Ο Ποιητ?ς ε?ναι αμφ?φλοξ. Π Επιδ?χεται θαν?τους και αναστ?σεις. Ρ Ακροθωρ?ζει και υπ?ρχει σε ξαφνοκο?ταγμα. Σ Ε?ναι ουραγ?ς της μητ?ρας. Τ Αν?σπερος απ? ηλικ?α. Υ Πιστε?ω εις ?να Ποιητ?ν που λ?ει: να συμπ?σουν οι αγν?τητες. Μ?χρι την Κ?ρινθο του Σ?μπαντος ? μακρ?τερα. Φ Σε αν?τερη απελπισ?α. Χ Σε φαειν?τερη πεμπτουσ?α. Ψ Σε μια α?σθηση που πτηνο?ται. Ω Συγχωρ?ντας τους π?ντες. From Large Sized Logic [ Λογικ? μεγ?λου σχ?ματος ], Athens: Erato, 1989, n.p. [1993, II, 521-3]. (shrink)

Gary L. Francione is a law professor and leading philosopher of animal rights theory. Robert Garner is a political theorist specializing in the philosophy and politics of animal protection. Francione maintains that we have no moral justification for using nonhumans and argues that because animals are property—or economic commodities—laws or industry practices requiring "humane" treatment will, as a general matter, fail to provide any meaningful level of protection. Garner favors a version of animal rights that (...) focuses on eliminating animal suffering and adopts a protectionist approach, maintaining that although the traditional animal-welfare ethic is philosophically flawed, it can contribute strategically to the achievement of animal-rights ends. As they spar, Francione and Garner deconstruct the animal protection movement in the United States, the United Kingdom, Europe, and elsewhere, discussing the practices of such organizations as PETA, which joins with McDonald's and other animal users to "improve" the slaughter of animals. They also examine American and European laws and campaigns from both the rights and welfare perspectives, identifying weaknesses and strengths that give shape to future legislation and action. (shrink)

This paper addresses five questions: First, what is trajectory of Western liberal ethics and politics in defining life, rights and citizenship? Second, how will neuro-remediation and other technologies change the definition of death for the brain injured and the cryonically suspended? Third, will people always have to be dead to be cryonically suspended? Fourth, how will changing technologies and definitions of identity affect the status of people revived from brain injury and cryonic suspension? I propose that Western liberal (...) thought is working towards a natural end, a “telos.” In response to a variety of biotechnologies, law and public opinion in liberal democracies will be forced to make explicit that the rights of a living thing are determined by its level of consciousness. I discuss the way that technology will force three clarifications about the value of consciousness, at the beginning, the end and boundaries of human life. Sentience and personhood will become the basis of moral concern, regardless of its media. Just as human rights have become independent of race, gender and property, rights will become independent of being a breathing human being. But even as we make this transition, the cryonically preserved are still likely to be considered dead for pragmatic reasons, albeit with gradually increasing rights as technology makes their reanimation increasingly probable. I suggest that it could be acceptable to cryonicists that the frozen continue to be defined as dead if assisted suicide can be legalized. Under a liberal assisted suicide policy cryonicists might be allowed to carry out suspension before a declaration of death, preserving the maximum amount of neural information. The gradual redefinition of life and personal identity in terms of psychological continuity will also have consequences for the legal status of the reanimated. If, due to information loss, the reanimated do not meet a threshold of psychological continuity, they may be considered new persons. Cryonicists may therefore wish to specify ahead of time whether they are still interested in being reanimated if pre-animation assessment suggests that the result will not meet the necessary threshold of continuity. Finally, I touch on the way that neural technology will fundamentally problematize the separate, autonomous self on which liberal democratic values are based, leading to a legal and political Singularity. It is this looming neural Singularity that makes the proposed liberal democratic telos a final stage in humanistic thought, before it is superceded by something radically different. (shrink)

In lieu of an abstract, here is a brief excerpt of the content:IntroductionGerhold K. BeckerThe concept of personhood has been a prime focus in contemporary bioethics. Three areas of ethical decision making in particular have been addressed through explorations into the conditions and criteria of personhood: the beginning and the end of human life and the morally relevant boundaries that separate human beings from nonhuman animals. Blending theology with science fiction, the scope of the latter area has been (...) expanded further to include entities ranging from gods, angels, and extraterrestrials all the way down to machines. Although the recognition of personhood traditionally has been based on metaphysical and ontological considerations about sets of (psychological and cognitive) person-making properties, the emphasis is now squarely placed on moral concerns. Simply put, from a moral perspective a person is someone morally considerable who is the subject of moral rights and merits moral protection. The implications of the conferral of person status for moral decision making in medicine, health care, and research are, however, less clear. Problems arise from the fact that the traditional concept of personhood is constituted by three rather different ideas. As David Wiggins has pointed out, the concept of personhood combines in a single focus the ideas of the person as object of science (biological, neurophysiological, and so forth), as subject of consciousness and experience, and as locus of value and moral attributes. It is therefore extremely difficult to neatly separate metaphysical personhood from moral personhood, and vice versa, and to draw morally relevant conclusions without continuously moving back and forth between the different constitutive factors. Thus, moral rights seem to presuppose moral agency, and moral agency is contingent on personal identity, which in turn presupposes some form of physical (including psychological) existence. It is obvious, that differences in the analysis of any one of these constituents of personhood will result in different conceptions of personhood with different implications for ethical decision making. Bioethical disputes about the moral status of human fetuses or of irreversibly comatose patients, as well as of the great apes [End Page 289] and other animals, are notoriously complex because they involve fundamental disagreements about personhood and the most promising strategies for their resolution. Although this has led some to question the usefulness of the concept of personhood for bioethics altogether, others seek remedy through the analysis of moral agency within the context of particular bioethical issues.The essays in this volume clearly reflect the current state of the bioethical debate on personhood and are representative of its major strands. They evolved from discussions at an international symposium on Bioethics and the Concept of Personhood at the Centre for Applied Ethics, Hong Kong Baptist University, May 1998, that explored the bioethical implications of the concept of personhood in a historical and cross-cultural perspective.In the opening essay, John Harris gives Locke’s concept of person a new twist by reading his list of criteria of personhood as preconditions of a being’s capability to value his or her own existence. The status of person is contingent upon the possession of the capacity to value one’s own existence; whoever is capable of such valuation is a person (as long such capacity actually exists) and makes moral claims on other persons. On this account, personhood is not co-extensive with human life or the human species, and even transcends other forms of organic life. Harris allows for the possibility that some machines in effect might qualify for person status. Although human life develops gradually and with it the capacity to value existence, Harris rejects both the potentiality argument and gradualism on the grounds that personhood is a “threshold” concept. Accordingly, proximity to the threshold is morally insignificant, and everything depends on actually crossing the threshold.Tom Beauchamp takes issue with what he sees as the dominant trend in contemporary bioethics to derive moral conclusions from metaphysical accounts of personhood. On his reading, metaphysical theories of personhood are abused in normative analysis by employing certain sets of psychological or cognitive properties to identify persons as bearers of moral rights. He argues that by themselves, without the incorporation of independent moral principles, such properties have no moral implications and cannot confer moral standing. Thus, a being may... (shrink)

In this essay we reflect critically on how animal ethics, and in particular thinking about moral standing, is currently configured. Starting from the work of two influential “analytic” thinkers in this field, Peter Singer and Tom Regan, we examine some basic assumptions shared by these positions and demonstrate their conceptual failings—ones that have, despite efforts to the contrary, the general effect of marginalizing and excluding others. Inspired by the so-called “continental” philosophical tradition , we then argue that what (...) is needed is a change in the rules of the game, a change of the question. We alter the normative question from “What properties does the animal have?” to “What are the conditions under which an entity becomes a moral subject?” This leads us to consider the role of language, personal relations, and material-technological contexts. What is needed then in response to the moral standing problem, is not more of the same—yet another, more refined criterion and argumentation concerning moral standing, or a “final” rational argumentation that would be able to settle the animal question once and for all—but a turning or transformation in both our thinking about and our relations to animals, through language, through technology, and through the various place-ordering practices in which we participate. (shrink)

Which and how much of our current drives –individually and as a global community– are driven by ancestral, inherited traits or imprinted on our animal condition? An attempt to approximate this intriguing query is explored here. It pertains to our identity, social constructions, and our ecological interaction. The origin of our species has its roots in ancestral habits, behaviors and a survival drive, transformed from changing environmental conditions. We were not born in a mother-of-pearl cradle nor were protected (...) by magical agents. We grew on the thread of time within the complex nature of bio-ecological interactions. They carved our identity, our genetic expression and the possible origin of our beliefs, resulting in an arch of various behaviors and cultural phenotypes. The biological nature of our construction dragged through millennia through species trials with variable rates of survival times provided traces of inconstant and multiple evolutive chains. Our modern cultural contexts –norms, priorities, values– appear as newly born. Yet, socio-cultural ecology upon which our brain organization and behavioral constructs derive include shared basic behavioral drives with non-human primates. The emergence of humans with a sophisticated language allowed the development of complex virtual constructs based on symbolism and the instruments of culture. This has enhanced cognitive capacity and emotional interaction supported by processes anchored in neural networks distributed within cortical and subcortical levels. Basic, essential neural connectivities were preserved during the evolutionary development of the species. The biological matrix and inheritance are usually segregated from the social and cultural construction. Sophistication of our cultural development tends to set up a divisive fault from primitive foundations of non-human animal behavior (survival, territory, reproduction, prevalence, access to nutrients). These are basic templates and underlie essential individual and group basic drives, and cultural constructs. Humans have not ceased from being territorial (whether applied to virtual or material dimensions). Various forms of social inequities have been expressed in our time and through human history. On evolutive terms, the notion of individual social status within the social structure of a gregarious community generated the probability of an individual ascending or descending that hierarchy. Thus, becoming a potential figure of leadership, or the subordinate or the marginalized. Is there an evolutive antecedent for human social inequities? How do we construct a different future? Post-industrial societies became increasingly dependent on material consumerism and technological cultures, to the point of embraining them; conceptually becoming technological hybrids. Are these a developmental must, or an uncontrolled spin-off of human inventiveness affecting our future? Construction of supernatural agents played a significant role in the socialization/domestication processes. Agents’ intentionality flourished through altered states of conscience, or under fear of natural phenomena attributed to supposed inhabitants of the Natural Kingdom or virtual beings. This imaginary universe, reinforced by ritual behaviors, contributed to control personal/collective distress of various possible origins and conditioned our degrees of emotional and cognitive freedom. (shrink)

Two authors with decades of experience promoting human rights argue that, as the world changes around us, rights hardly imaginable today will come into being. A rights revolution is under way. Today the range of nonhuman entities thought to deserve rights is exploding-not just animals but ecosystems and even robots. Changes in norms and circumstances require the expansion of rights: What new rights, for example, are needed if we understand gender to be nonbinary? Does living in a corrupt (...) state violate our rights? And emerging technologies demand that we think about old rights in new ways: When biotechnology is used to change genetic code, whose rights might be violated? What rights, if any, protect our privacy from the intrusions of sophisticated surveillance techniques? Drawing on their vast experience as human rights advocates, William Schulz and Sushma Raman challenge us to think hard about how rights evolve with changing circumstances, and what rights will look like ten, twenty, or fifty years from now. Against those who hold that rights are static and immutable, Schulz and Raman argue that rights must adapt to new realities or risk being consigned to irrelevance. To preserve and promote the good society-one that protects its members' dignity and fosters an environment in which people will want to live-we must at times rethink the meanings of familiar rights and consider the introduction of entirely new rights. Now is one of those times. The Coming Good Society details the many frontiers of rights today and the debates surrounding them. Schulz and Raman equip us with the tools to engage the present and future of rights so that we understand their importance and know where we stand. (shrink)

The quest for a ``theory of nonhuman minds'''' to assessclaims about the moral status of animals is misguided. Misframedquestions about animal minds facilitate the appropriation ofanimal welfare by the animal user industry. When misframed, thesequestions shift the burden of proof unreasonably to animalwelfare regulators. An illustrative instance of misframing can befound in the US National Research Council''s 1998 publication thatreports professional efforts to define the psychologicalwell-being of nonhuman primates, a condition that the US 1985animal welfare act (...) requires users of primates to promote. Thereport claims that ``psychological well-being'''' is a hypotheticalconstruct whose validity can only be determined by a theory thatdefines its properties and links it to observed data. Thisconception is used to contest common knowledge about animalwelfare by treating psychological well-being as a mentalcondition whose properties are difficult to discover. Thisframework limits regulatory efforts to treat animal subjects lessoppressively and serves the interests of the user industry.A more liberatory framework can be constructed by recognizing thecontested nature of welfare norms, where competing conceptions ofanimal welfare have implications about norm-setting authority, asit does in other regulatory contexts, e.g., food safety. Properlyconceptualized welfare should include both the avoidance ofdistressful circumstances and the relationship between ananimal''s capacities to engage in enjoyable activities and itsopportunities to exercise these capacities. This conception ofanimal welfare avoids appropriation by scientific experts. (shrink)

Tranquillity’s Secret Presents A New Understanding Of The World And Ourselves, And A Forgotten Meditation Technique That Protects You From Traumatic Harm. There Is A Way Of Seeing The World Different. -/- My goal in this book is two-fold: to introduce a revolutionary paradigm for understanding ourselves and the world; and to explain an ancient meditation technique that brought me to the insights upon which it is founded. This technique appears in different forms in the extant spiritual and religious (...) traditions over millennia which have used it — and in which it has been acknowledged as the most efficacious way to reach a direct experience of mind, or the most direct path to a union with God. Unfortunately, the proper way to use it has been largely lost over the last few centuries along with a clear understanding of why it was claimed to be so highly efficient. The primary reason for this loss is the mechanical materialism that frames all our scientific knowledge today. Lady Anne Conway, an English philosopher and a contemporary of René Déscartes, the French Metaphysician of the Seventeenth Century, was the first to characterize his philosophy as the “Mechanical philosophy.” It was Déscartes’ fascination with garden automata (moving statues) that he saw throughout Paris during his time, that led to his idea that the bodies of animals are nothing more than machines of varying complexity – which could be replaced by metal cogs, axles, and wheels. This very contemporary idea is in fact his legacy to humanity — along with the mind-body split that it entails — as mechanism became the standard to which Nature and all life was compared, and still is. This was the genesis of the modern reductive scientific understanding of life as discovered mechanisms made up of dead matter. -/- Although Déscartes’ philosophy was not materialism proper, as he held mind to not be material in nature, his was the most significant move to a cognitive framing of all phenomena as the result of mechanical interactions, and he went so far as placing all non-human animals into the machine-only category, because, he argued, they didn’t have minds. While a full account of Déscartes’ thought is not useful in this work, I want to use Lady Conway’s term to make a distinction between a mechanical materialism, which materialism has evolved into, and a less severe understanding that is not so destructive of the primacy of two aspects of being alive — mind and cognizance — which today are asserted to be by-products or epiphenomena of material processes in the brain by strict adherents to the mechanical philosophy. -/- This frame allows nothing but dead matter, and all that is comprised of dead matter, to be entertained as real. Anything beyond that is either ignored, or considered to be nothing more than figments of someone’s imagination — and this both limits and structures our thoughts about everything. Even those who believe they have moved on from this limiting understanding continue to be fenced in by language, which is structured by it — so that there is no escaping its limitations via a simple substitution or redefinition of concepts. Rather, it will take a truly revolutionary new paradigm and a concomitant reframing of our understanding of ourselves, this world, and reality, and how they come together in the new paradigm. I characterize the difficulty of this change as being like that of meeting an alien race and trying to work out how they see reality before communication can begin — which is very difficult to do when one’s own view is so limited. -/- I call this revolutionary paradigm Responsive Naturing. -/- Responsive Naturing replaces the current paradigm and its concomitant idea of deterministic causality which is foundational in scientific practice today. It can do this because, as you will see, it better accounts for all categories of phenomena, and thus includes all the most important human experiences, such as that of being alive, of beauty, of love, and the ultimate unity of all things. Responsive Naturing provides a sound foundation for the sciences, without the imposed limitation of mechanical materialist explanations, so that both science and spirituality can be founded upon this single common understanding of how things work. -/- This novel paradigmatic understanding of reality intrinsically applies to all dimensions of mental phenomena — be it of perceptions, sensations, or thoughts — and from the indeterminacy of quantum mechanics to the stochastic nature of most physical phenomena, to the often accidental, sometimes fortunate, but never sure, character of all human activities. This makes this new paradigm immediately productive in a practical way — it simply works, as I will show. It empowers us in ways that our disjointed and parochial schools of thought lock us out of completely, opening up new possible methods of looking at problems and finding solutions across disciplines. However, understanding the repercussions of the new paradigm upon one’s cognitive frame and the concomitant structure of language is difficult to comprehend simply because it is alien to the existing frame and paradigm. The impetus to make the effort is becoming quite clear: -/- Today, the sciences are ruled by the limiting cognitive framing of mechanical materialism, and over the last century, the limitations of that frame and its associated scientific paradigm of physical causality have become obvious: science has become schizophrenic. On one hand, some scientists say everything is strictly determined by the laws of nature, and neither free will nor conscious intent have any involvement in what happens; but others say that the state of the underlying quanta that make-up everything is indeterminate until consciously observed with the intent to measure it. Mechanical materialism is why scientists say you have no free will, while you obviously experience that you do — and you are held responsible for your actions by society because you do. It is also why scientists cannot find a non-speculative explanation of consciousness on an evolutionary or biological level, even though being conscious is the most obvious aspect of being alive. And these contradictions have infected every aspect of our lives, and our world, by limiting our ability to see the world any other way. Even the formulation of spiritual doctrines is constrained today by this cognitive frame’s presence in our language. This is not an academic matter, as we see clearly in our failure, so-far, to change the path that has brought us to a global environmental collapse and the ecocide of life on Earth. -/- What is unique about the book’s approach is that it does not speculate about what might be the case, like so much of philosophy does. Instead, it relies upon meditative and contemplative insights that were gleaned directly from a dedicated advanced meditation practice over 60+ years of the author’s life. These insights were then confirmed by subsequent research into similar forms of this advanced meditation technique found across the world and throughout human history. In conjunction with my meditation practice, I have doctoral-level education in Philosophy and a 30-year career in Software Engineering. The latter was in part focused on automated software development, during which I was confronted with the unsolvable enigma — within the mechanical materialist understanding that I was enculturated into, and inculcated with — of Human Creativity. An enigma that set me on my path of discovery. -/- I have discovered, and continue to discover, just how productive this novel paradigm is in understanding ourselves and our world, by its ability to explain — in detail — so many of our experiences that are today either inexplicable, paradoxical, or ignored “for the present” by scientists until some hoped for mechanical description can be found. For the most part, scientists constrain themselves to describing mechanisms, but describing how is not explaining why — and that is why so much of our modern knowledge has a best-used-by-date. On the other side, seemingly all spiritual traditions accept this modern characterization of the world, ourselves, and reality that is manifest in our language, so that even spiritual phenomena and ideas are necessarily structured by it. We accept the ideas of separate beings, intentional entities, levels of consciousness, and attainment of enlightenment or unification with God, all of which are necessary because dead matter, and unconsciousness, are considered to be the starting point. It isn’t. Rather than just present this novel paradigm as a fait accompli, the book’s five sections bring the reader through stages of reconfiguration of our understanding: -/- Volume 1. The Way of Unsaying — The need for the articles in the first volume is not to tell the reader how things are, but to unsay the things that they have heard throughout their lives and have taken to heart. This is accomplished by exposing the logical and explanatory limitations of those ideas that usually go unnoticed. This is necessary to do in order to open the reader’s mind to other ways of accounting for phenomena, and navigating life, so that the reader will understand: first, why the meditation technique I will present is so effective; and second, why the novel paradigm that I propose will truly advance human knowledge and enable us to change our way of being in the world. In order to liberate oneself from seeing the world in a particular way I use skillful means to unseat all the understandings that we have all been inculcated with. This can be destabilizing, and you might find yourself getting annoyed, or even frightened. To paraphrase a Buddhist proverb: Better not to start; but if started, better to finish: -/- Volume 2. The Way of Contemplation — In this volume, the paradigm of Responsive Naturing is developed, building upon the dialogs in volume 1. This volume challenges the reader, since breaking free of one’s existing cognitive frame and paradigmatic understanding is not a trivial exercise, and neither is restructuring one’s thoughts to fit into a new paradigm. This section explains what Responsive Naturing means, how it works in both spiritual and scientific senses, my specific arguments for why it is the answer to our need for a better way to account for phenomena and experience, and how our way of being in the world can change because of it. I attempt to show, via a myriad of independent fields of study, just how powerful this paradigm is in explaining the various phenomena that until now, either had no scientific explanation, or had an incoherent and never proven one. -/- Volume 3. The Way of Tradition — This volume provides the reader with traditional descriptions of similar types of meditation to that which I am presenting. These techniques are related by the unusual support for meditation that they use: that of Inner Spontaneous Sound. This information is provided for two reasons: 1) to validate the technique I present in volume 4, The Way of Meditation, by showing the high esteem that these techniques have been held in by all spiritual traditions, and 2) to present a rational explanation for the technique’s effectiveness, based upon responsive naturing. Volume 4. The Way of Meditation — This volume describes the practice that I call “Great Responsiveness Meditation” which will allow the reader to: 1) engage in a long-term meditative and contemplative practice in order to attain the insights that are the foundation for the novel paradigm that I am presenting; and 2) to benefit from two unique side-effects of using inner spontaneous sound: one which protects the meditator during traumatic and extreme emotional experiences, especially of the kind now expected because of the current global environmental and societal crises; and the other — which is widely attested to — is an alchemical-like change in the meditator, who quickly displays compassion without self-centered concern. In Buddhism, this is known by the Sanskrit word “Mahākaruṇā,” which is the type of responsive compassion displayed by all enlightened beings. It is a permanent change in how we live our life, and it enables each of us to overcome our worst inculcated selfish behaviors. 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This paper outlines the moral contours of human relationships with companion animals. The paper details three sources of duties to and regarding companion animals: (1) from the animal’s status as property, (2) from the animal’s position in relationships of care, love, and dependency, and (3) from the animal’s status as a sentient being with a good of its own. These three sources of duties supplement one another and not only (...) differentiate relationships with companion animals from wild animals and other categories of domestic animals such as livestock, but they also overlap to provide moral agents with additional reasons for preventing and avoiding harm to companion animals. The paper concludes that not only do owners and bystanders have direct and indirect duties to protect companion animals from harm, but also that these duties have the potential, in some circumstances, to clash with duties owed to the state and fellow citizens. (shrink)